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Bombay High CourtABA/2953/2025disposed off as withdrawn

Vimal Prakash Jain And ANR v. State Of Maharashtra

2025-11-03Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2953 OF 2025 Vimal Prakash Jain and Anr.

...Applicants V/s.

The State of Maharashtra

...Respondent

Mr. Amit Ashok Karva, Advocate for the Applicant. Mr. R. M. Pethe, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

03.11.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The order passed by the Sessions Court on the application filed by the applicant for Anticipatory Bail reads thus : 1] This bail application is filed under section 482 of BNSS for grant of anticipatory bail to the applicants viz. (1) Mr. Vimal Prakash Jain, and (2) Mr. Kamlesh Prakash Jain in an offence likely to be registered at Tilaknagar Police Station.

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2] Perused the application. Heard Ld. Advocate for applicants and gone through the Say filed by Investigating Officer.

3] In the case at hand, the Investigation Officer had specifically placed on record that the complaint is closed and filed after preliminary enquiry as the transaction between the parties is of civil nature. As the complaint itself is filed, there is no question of any apprehension that too a reasonable one in the mind of applicants. Despite clear knowledge that the very basis of this application i.e. the complaint is now filed by the investigation agency, the Ld. Advocate insisted to pass an order. Hence, order :

O R D E R

1] Application stands rejected.

3.

Learned APP submits that the learned Sessions Court has rightly not entertained the application filed by the applicant for anticipatory bail. It is submitted that after receipt of the complaint in question, preliminary inquiry was conducted and 2/3

dispute between the parties was found to be of civil in nature. It is submitted that thus there arises no question of registration of the crime.

4.

In view of the above submission of the learned APP, the learned counsel for the applicant seeks leave to withdraw the present application.

5.

The application is disposed of as withdrawn.

[N.R.BORKAR, J.] 3/3