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Bombay High CourtABA/279/2026allowed

Pravin Kumar Kalidas Patel v. State Of Maharashtra Thr Pso., Ps Maregaon, Tq. Maregaon Dist. Yavatmal

2026-05-05Hon'Ble Shri Justice Rajnish R. Vyas4 pages

1 10aba279.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 279 OF 2026 Pravin Kumar Kalidas Patel Vs State of Maharashtra Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.V.Sirpurkar, counsel for applicant.

Mr. N.R.Rode, APP for non-applicant/State.

CORAM: RAJNISH R. VYAS, J.

DATED : 05/05/2026 1.

Apprehending arrest the accused who was not named in the FIR but against whom chargesheet was filed has approached this Court, in connection with Crime No. 182/2025 dated 24/05/2025 registered with Police Station Maregaon, Tq. Maregaon, District Yavatmal, for the offence punishable under Sections 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023; Sections 7, 8, 15(1), 15(2) and 16(1) of the Environment Protection Act, 1986; Rule 7, 8, 9, 10, 11, 12,13, 14 and 15 of the Seeds Rules, 1968 and Sections 6(a) (b) and 7(a)(b) of the Seeds Act, 1966 read with Section 19 of the Seeds Act; Sections 3 and 7 of the Essential Commodities Act, 1955 and Sections 12 and 13 of the Maharashtra Cotton Seeds Act, 2009, has approached this Court. 2.

The FIR was registered at the instance of informant, Sandeep Karaba Waghmare, who was working as In-charge Agricultural Officer with Panchayat Samiti Maregaon.

2 10aba279.2026.odt 3.

In short, it is alleged in the FIR when he, along with the raiding party, visited the agricultural field of Bandu Peche on 24/05/2025, the bags having label "Galaxy Hyper Cotton Hyabrid Seed Pink Guard" containing bogus seeds along with the vehicles were found. The raid was outcome of the information received by the informant. The investigation was triggered, during the course of which several accused persons came to be impleaded.

4.

Heard the learned counsels for the parties.

5.

The learned counsel for the applicant has argued that applicant is not involved in a crime and it is on the basis of statement made by the co-accused that his name was involved during the course of investigation. He submitted that the Co-ordinate Bench of this Court vide order dated 08/01/2026, has allowed the anticipatory bail application filed by Applicant Nos. 5 to Applicant No.8. 6.

Per contra, the learned APP has argued that the custodial interrogation of the applicant is required to unearth the crime and the cotton seeds were forwarded for the chemical analysis, and the report shows that those were banned seeds.

7.

With the assistance of the respective counsels, I have gone through the record of the case. The FIR is specific that the secret information was received, on the basis of which the agricultural field of one of the accused was visited, in which packets containing the seeds were found. The offence in question was registered long back in

3 10aba279.2026.odt the year 2025 and during the course of investigation, it was found that applicant had purchased the seeds from original accused No.5 to 8 and then sold them. It is not the case of the prosecution that applicant was either the manufacturer or that, by hatching a conspiracy, he sold the seeds. Considering the further fact that the co-accused in the crime, against whom more serious allegations were made, are already protected by this Court vide order dated 08/01/2026, I am inclined to pass the following order.

ORDER

a] The criminal application is allowed.

b] In the event of arrest in connection with Crime No. 182/2025 dated 24/05/2025 registered with Police Station Maregaon, Tq. Maregaon, District Yavatmal, for the offence punishable under Sections 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023;

Sections 7, 8, 15(1), 15(2) and 16(1) of the Environment Protection Act, 1986; Rule 7, 8, 9, 10, 11, 12,13, 14 and 15 of the Seeds Rules, 1968 and Sections 6(a) (b) and 7(a)(b) of the Seeds Act, 1966 read with Section 19 of the Seeds Act; Sections 3 and 7 of the Essential Commodities Act, 1955 and Sections 12 and 13 of the Maharashtra Cotton Seeds Act, 2009, applicant namely - Pravin Kumar Kalidas Patel shall be released on bail on furnishing a PR bond of Rs. 55,000/- [Fifty Five Thousand

4 10aba279.2026.odt only] with one solvent surety in the like amount.

c] The applicant shall attend the concerned Police Station on 11th and 15th May 2026 between 03.00 p.m. to 06.00 p.m and thereafter as and when required.

d] The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses directly or indirectly.

e] The applicant shall not leave India without prior permission of this Court.

(RAJNISH R. VYAS, J.) rkn