Digvijay Subhash More v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2489 OF 2025 Digvijay Subhash More ...Applicant Vs.

The State of Maharashtra

...Respondent

----- Mr. Sachin M. Bhavar, for Applicant.

Ms. Priyanka S. Rane, APP, for the Respondent-State. Ms. B. R. Mangle, for Respondent - Complainant. ----- Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2026.01.05 19:53:32 +0530

CORAM

:

NITIN B. SURYAWANSHI, J.

SHANTANU SHANKARSA DHUDUM DATE :

5th JANUARY 2026.

P.C.

1.

By this application, applicant seeks anticipatory bail in Crime No.0704 of 2025 registered with Karmala Police Station, Solapur Rural, District: Solapur, for the offences punishable under Sections 318(4), 316(2), 316(5), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS Act").

2.

The First Informant as alleged in the F.I.R. that informant and others exported Bananas worth Rs.13,24,400/- to Iran and the applicant is middleman to the said transaction. He received an amount of Rs.11,38,400/- and an amount of Rs.1,86,000/- is due to him. Since the Applicant was a middleman and had guaranteed that

the informant will receive full payment, because of the non payment of Rs.1,86,000/- the informant and others are cheated. 3.

Heard learned Advocate for applicant, learned APP for the Respondent - State and learned Advocate for Complainant. Perused the record.

4.

It appears from the record that the Applicant was middleman to the transaction of export of Bananas of the informant and others to Iran. Admittedly, he was not party to the said transaction. Merely because he has assured that the informant and others would receive full payment and part of the payment is not received, no criminal liability can be attributed to him. Prima facie, the transaction between the informant and others and the receiver of the Bananas in Iran appears to be of civil nature. Hence, custodial interrogation of the Applicant is not necessary. 5.

Learned advocate for informant and learned APP submits that similar First Information Reports are lodged against applicant at different police stations.

6.

Be that as it may, in the fact of the present case, custodial interrogation of the Applicant is not necessary. 7.

In the result , the application is allowed.

8.

In the event of arrest of applicant - Digvijay Subhash More in Crime No.0704 of 2025 registered with Karmala Police Station,

Solapur Rural, District: Solapur, he be released on executing Personal Bond of Rs.15,000/- with one surety in the like amount. 9.

Till filing of the charge-sheet, the applicant shall attend the concerned police station as and when called by the Investigating Officer.

10.

The applicant shall not tamper the prosecution evidence. (NITIN B. SURYAWANSHI, J.)