Mohd Jalaluddin Mohd Vikharuddin v. The State Of Maharashtra Through Pso Ps Rajura
1 5aba247.2026..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 247 of 2026 (Mohd. Jalaluddin Mohd. Vikharuddin Vs. The State, thr PSO, PS Rajura, Dist. Chandrapur) --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------------------- Mr. M.N. Ali, Advocate for applicant.
Mr. N.S. Autkar, APP for non-applicant/State. Mr. Mahesh Rai, Advocate to assist the prosecution. CORAM: RAJNISH R. VYAS, J.
DATE: 04.05.2026 CRIMINAL APPLICATION NO. 157/2026 For the reasons stated, the application to assist the prosecution is allowed.
CRIMINAL APPLICATION (ABA) NO. 247 of 2026 1.
Apprehending arrest, in connection with Crime No. 183/2026, dated 13.2.2026, registered with Police Station, Rajura, Dist. Chandrapur, for the offences punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023, the applicant is before this Court.
2.
The learned counsel for the applicant has contended that the offence registered against the present applicant is punishable for maximum imprisonment of 3 years. He further submitted that, as per the order passed by this Court dated 6.4.2026, the applicant has attended the Police Station. According to him, on his own, to show his bona fide, he has deposited Rs. 65,000/- with the Investigating Agency. He
2 5aba247.2026..odt therefore, prayed for allowing the application. 3.
Per contra, the learned APP though, has not disputed that the amount is deposited with the Investigating Agency, has prayed for rejection of the application.
4.
The learned counsel for the complainant has contended that the allegations made in the FIR are very specific that the bullocks of the informant which were tied in a cattle shed, were stolen by the unknown person. He therefore, prayed for rejection of the application.
5.
With the able assistance of the learned counsels for the respective parties, I have gone through the case record and the FIR.
6.
In the FIR, informant named Sujit Kawale has contended that he has purchased four bullocks and on 9.2.2026, unknown person had stolen the bullocks. According to the FIR, the consideration which was paid by the informant for purchase of the bullocks were Rs. 65,000/-. The FIR and the material produced on record would reveal that the bullocks in question are not seized till the date.
7.
Prima facie, there is no material on record to connect the applicant with the crime, at this stage. The applicant has already deposited the amount of Rs. 65,000/- with the Investigating Agency and has attended the police Station. In that view of the matter, following order is passed:
3 5aba247.2026..odt
ORDER
i) The Criminal Application is allowed.
ii) In the event of arrest in connection with Crime No. 183/2026, dated 13.2.2026, registered with Police Station, Rajura, Dist. Chandrapur for the offences punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023, the applicant namely, Mohd. Jalaluddin Mohd. Vikharuddin, be released on bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount.
iii) The applicant shall attend the concerned Police as and when called by the Investigating Officer and cooperate in the investigation.
iv) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses. v) The applicant shall not leave the India without prior permission of the Court.
(RAJNISH R. VYAS, J.) Belkhede, PS