Sunil Prakash Ahire v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB CRIMINAL APPELLATE JURISDICTION PURTI PRASAD PARAB Date: 2025.09.18 19:39:38 +0530 ANTICIPATORY BAIL APPLICATION NO. 2561 OF 2025 Sunil Prakash Ahire ...Applicant

Versus

The State of Maharashtra

...Respondent

------- Mr. Mahendra N. Sandhyanshiv for the Applicant. Mr. A.R. Metkari, APP for the Respondent/State. ------- CORAM : MADHAV J. JAMDAR, J.

DATED : 17th SEPTEMBER 2025 PC:- 1.

The Applicant is seeking pre-arrest bail in connection with C.R. No. 27 of 2025 dated 18th January 2025 registered under Section 420, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860.

2.

Learned Counsel appearing for the Applicant submits that the Applicant's name is not mentioned in the FIR. The Applicant has no role in the offence. The FIR has been lodged after about a period of two and half years. He submits that the accused whose names are mentioned in the FIR have been granted interim protection by an order dated 18th February 2025 passed in Anticipatory Bail Application No. 443 of 2025 and by an order dated 7th May 2025 passed in Anticipatory Bail Application No. 580 of 2025.

3.

Learned APP strongly opposed the Anticipatory Bail Application. He submits that during investigation the role of the Applicant is disclosed. The Applicant has antecedents and therefore Anticipatory Bail Application be rejected. 4.

However, perusal of the record shows that the incident in question has taken place on 19th July 2022 and the FIR has been lodged on 18th January 2025. In the FIR names of various persons are mentioned and there is nothing to indicate that FIR is also lodged against unknown persons. Although there is one antecedent of C.R. No. 31 of 2023 registered at City Police Station, Malegaon for the offence under Section 406, 420, 467, 468, 465, 471, 120(b) read with Section 34 of the Indian Penal Code, 1860, the Applicant has been granted pre-arrest bail in the said case by an order dated 16th December 2023 passed by Learned Additional Sessions Judge, Malegaon, Dist. Nashik in Criminal Bail Application No. 1017 of 2023.

5.

Perusal of record shows that as per the prosecution case the consideration amount of the sale deed was shown as Rs.27 Lakhs and the first informant has mentioned that in fact the consideration was Rs.2 Crores 41 Lakhs and balance payment is paid in cash and the same cash was taken away by Kunal Kailash Suryavanshi, Vashu Prakash Shirke, Kundan Krishan Borse and Sandeep Somnath Hire. As mentioned in the FIR no role has been assigned to the Applicant. Although there is one antecedent the Applicant is granted pre-arrest bail. Accordingly, the case is made

out for grant of pre-arrest bail to the Applicant. Hence, the following order :-

O R D E R

(a) In the event of arrest of the Applicant - Sunil Prakash Ahire in connection with C.R. No.27 of 2025 registered with the Chavani Police Station, Malegaon, Dist. Nashik the Applicant be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on 24th September 2025 to 26th September 2025 between 11:00 a.m. to 02:00 p.m. and shall cooperate with the investigation. In addition, the Applicant shall attend the concerned Police Station as and when called.

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicant shall not directly or indirectly make any

inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior permission of the Court.

6.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]