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Bombay High CourtABA/310/2026allowed

Vikas Dadarao Pawar v. The State Of Maharashtra Thr Pso., Ps Kholapur Tah. And Dist. Amravati

2026-04-28Hon'Ble Shri Justice Rajnish R. Vyas3 pages

2026:BHC-NAG:6602 1 17aba310.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 310 OF 2026 Vikas Dadarao Pawar 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.T. Harkare, counsel for applicant.

Ms. M.R. Kavimandan, APP for non-applicant/State. CORAM: RAJNISH R. VYAS, J.

DATED : 28/04/2026.

1.

Heard.

2.

Apprehending arrest, the original accused No. 1 has preferred this application in connection with Crime No. 44/2026, dated 31/03/2026, registered with Police Station, Kholapur, District Amravati, for the offence punishable under Section 306 of the Bharatiya Nyaya Sanhita, 2023.

3.

The reporter of crime by name Ajay Girjashankar Verma has stated that he resides in Boston (America) and that his native place is Chandikapur, Daryapur. He had employed two persons, named Vikas Pawar and Atul Adgokar, as care takers of the property situated at Chandikapur. According to the FIR, the keys of the house were also kept with the aforesaid two persons and those persons were aware of the household articles and the gold ornaments which were kept in the house. It is further alleged that on 20.11.2025, the informant came to

2 17aba310.2026.odt his native place from America he asked one Atul Adgokar to clean the house. According to the report, the accused Atul then handed over the keys to accused no. 3 Pravin. It is further alleged that the gold ornaments kept by the informant in the house, as well as the American Dollars, were stolen. It is in this background, that the criminal law was set in motion.

4.

The learned counsel for applicant has submitted that notice under Section 179 of the BNSS was issued to the applicant and he was called upon to attend the police station but due to some reasons he could not attend. The learned counsel for applicant submitted that, he has now attended the police station. Per contra, the learned APP has submitted that though, recourse to Section 179 of the BNSS was taken by the Investigation Officer, the applicant did not attend the police station and failed to cooperate with the investigating officer. He thus prayed for rejection of the application.

5.

It is necessary to mention here that this Court, on 21/04/2026, has granted ad-interim anticipatory bail to the applicant with a direction to attend the concerned police station on 24, 25 and 26th of April, 2026, which the applicant has complied with.

6.

The learned APP has also not disputed that the applicant has attended the concerned police station. So far as the other co-accused are concerned, it is stated by the learned APP that they have been attending the police

3 17aba310.2026.odt station in compliance of the notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It cannot be ignored that even present applicant was issued with a similar notice. Since the applicant is attending the concerned police station, and considering the averments made in the FIR, I am inclined to pass following order.

ORDER

a) The criminal application is allowed b) In the event of arrest, in connection with Crime No. 44/2026, dated 31.3.2026, registered with Police Station, Kholapur, District Amravati, for the offence punishable under Section 306 of the Bharatiya Nyaya Sanhita, 2023, the applicantVikas Dadarao Pawar 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.

c) The applicant shall attend the concerned Police Station as and when required.

d) The applicant shall not leave the India without prior permission of the Court (RAJNISH R. VYAS, J.) rkn