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Bombay High CourtABA/283/2026allowed

Nitin Balaso Randive v. The State Of Maharashtra Thr Pso., Akot Fail Ps, Akola Tq. And Dist. Akola

2026-04-28Hon'Ble Shri Justice Rajnish R. Vyas4 pages

2026:BHC-NAG:6603 1 14aba283.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 283 OF 2026 Nitin Balaso Randive 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. V.D. Darne, counsel for applicant.

Mr. S.B. Bissa, APP for non-applicant/State.

CORAM: RAJNISH R. VYAS, J.

DATED : 28/04/2026.

1.

Heard.

2.

Apprehending arrest, the applicant/Accused No.4 has preferred an application for the grant of anticipatory bail in connection with Crime No. 572 of 2025, dated 17/12/2025, registered with Police Station Akot Fail, Akola, Tq. and Akola, for the offence punishable under Section 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

3.

The informant of the crime is one Ganesh Shriram Bhande. There are total of four accused in the First Information Report, in short, it is the case of the informant in the FIR that accused Nos. 1 to 3 had told the informant and others that they would require tractors for transporting sugarcane from sugarcane factory and could pay an amount of Rs.45,000/- per month per tractor. 4.

On 23/09/2025, the informant along with others handed over total six tractors to accused Nos. 1 to 3

2 14aba283.2026.odt and were paid Rs.60,000/- towards advance by accused Nos.1 to 3. Those tractors were taken by the accused Nos. 1 to 3, but subsequently the agreed rent was not paid. When inquiry was made, evasive replies were given, and therefore the informant and others suspected foul play. The informant had approached the applicant, who had assured them that their tractors were safe and they should bring accused Nos. 1 to 3 so that the tractors could be handed over. It is this information which triggered registration of the FIR.

5.

The learned counsel for the applicant has contended that the role assigned to the present applicant is only that, when the informant and others inquired about the tractors, the applicant assured them that the tractors were in safe custody. Except that, nothing has been stated so far as the applicant is concerned. He further contended that the applicant has no criminal antecedents and therefore, his bail application be allowed.

6.

Per contra, the learned APP has opposed the bail application and has argued that even the applicant was involved in commission of crime. Learned APP admitted that role assigned to the applicant was only that when the informant and other persons inquired about the tractors, the applicant assured them that the tractors were in safe custody. He submitted that further investigation is required to be carried out.

7.

It cannot be ignored that the chargesheet has

3 14aba283.2026.odt already been filed against all the accused and statements of witnesses are recorded. As regards the role of applicant, the same is also reiterated by the witnesses whose statements were recorded during the course of investigation. All the witnesses and the informant are coming with a specific case that when asked, the applicant told that the tractors are in safe custody and they can come with the other accused so that the tractors could be handed over. Except that, nothing has been brought to my notice.

8.

Considering the averments made, the fact that the chargesheet is filed, and prima-facie case is made out by the applicant, I proceed to pass the following order.

ORDER

a) The criminal application is allowed b) In the event of arrest, in connection with Crime No. 572 of 2025, dated 17/12/2025, registered with Police Station Akot Fail, Akola, Tq. and Akola, for the offence punishable under Section 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant Nitin Balaso Randive, be released on anticipatory bail on furnishing a P.R. bond of Rs. 55,000/- (Rupees Fifty Five Thousand Only) with one solvent surety in the like amount.

4 14aba283.2026.odt c) The applicant shall attend the concerned Police Station on 01/05/2026 to 03/05/2026 between 10.00 a.m. to 12.00 p.m. and thereafter, as and when directed by the investigating agency.

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

e) The applicant shall not leave the India without prior permission of the Court.

(RAJNISH R. VYAS, J.) rkn