Nareshappa Tryambakappa Gambhire v. State Of Maharashtra Thr Pso., Ps Telhara Tq. Telhara Dist. Akola

2026:BHC-NAG:3762 1 66-aba-97-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 97 OF 2026 Nareshappa Tryambakappa Gambhire Vs.

State of Maharashtra ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri Vidit A. Lohiya, Advocate for applicant. Shri C. A. Lokhande, APP for non-applicant/State. CORAM :- M. W. CHANDWANI, J.

DATED :- 05.03.2026 Heard.

2.

The applicant seeks anticipatory bail in connection with Crime No. 14/2026 registered with Police Station Telhara, District Akola for the offences punishable under Sections 318(4), 336(2), 336(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3.

Heard the learned counsel for the applicant as well as the learned APP for the State.

4.

Perusal of the case-diary reveals that coaccused- Sumit Gambhire, the son of the applicant allegedly floated a scheme called Appaji e-bike to provide e-Bike on a deposit of Rs.12000/- upon collection of/joining of four other members/customers. Therefore, complainant- Dinesh Gholap along with his two relatives, paid Rs.12,000/- each and Token nos. 92,116 and 184

2 66-aba-97-26.odt were given to them by the main accused- Sumit Gambhire. However, main accused- Sumit Gambhire then forged the Token Nos. given to another customer so as to prevent the complainant and his relatives from getting the e-Bike. Main accused- Sumit Gambhire did not hand over the e-Bikes to the complainant and his relatives and therefore, the aforesaid offence came to be registered.

5.

The allegation of the complainant is that main accused- Sumit Gambhire runs Appaji e-bike business near Shiv Hotel, Bus Stand, Telhara and the present applicant is the father of the main accused. Thus, allegation of floating the scheme is against the main accused- Sumit Gambhire. There is no allegation that the present applicant has been parted with any amount. Nothing is required to be seized from the present applicant and hence, custodial interrogation of the applicant may not be required.

6.

The applicant was protected by ad-interim order of this Court dated 06.02.2026. Under the dictum of this Court, he has attended the concerned Police Station and co-operated in the investigation. 7.

Considering the nature of allegations and the role played by the applicant, a case is made out for confirming the ad-interim protection granted vide order dated 06.02.2026. Hence, this order:- i) The application is allowed.

3 66-aba-97-26.odt ii) The ad-interim protection granted to the applicant vide order dated 06.02.2026 is hereby confirmed on the same terms and conditions except the condition mentioned in para (ii).

iii) The applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 06/03/2026 18:15:31