← Library
Bombay High CourtABA/409/2026disposed off

Akshay Ramsingh Bais And ANR. v. The State Of Maharashtra, Thr. Pso, Ps, Tumasar, Tah. Tumasar, Dist. Bhandara.

2026-06-15Hon'Ble Shri Justice Pravin S. Patil5 pages

1/5 22.ABA.409.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 409 OF 2026 (Akshay Ramsingh Bais & Anr. V/s 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. A. M. Chandekar, Advocate for Applicants. Ms. M. R. Kavimandan, APP for Non-applicant/State.

---------------------------

CORAM

:

PRAVIN S. PATIL, J.

DATE :

JUNE 15, 2026.

.

Heard.

2.

By the present Application, Applicants are seeking anticipatory bail in Crime No. 536/2026 registered with Police Station, Tumsar, District Bhandara for the offence punishable under Section 303(2) of Bhartiya Nyaya Sanhita, 2023. 3.

The case of the prosecution in brief is that, on 8/4/2026 the Informant - Anurag Subhash Lanjewar lodged complaint with the Police Station that he is doing transport business. In the year 2023 he had purchased second-hand 12 wheeler Truck of Ashok Leyland 3118IL Company bearing registration No. MH-40-CM-8704 on finance. He used to give that truck on rental basis. Before 7-8 month prior to the incident, since the said Truck was not in working condition, his truck driver parked the same in the premises of APMC, Tumsar. The Informant,

2/5 22.ABA.409.2026.odt intermittently used to visit the APMC, Tumsar for taking care of that truck.

4.

On 25/3/2026 at about 8.00 p.m. as usual when he went to check that truck, he found the same on that place, however, on 29/3/2026 at about 1.30 p.m. one Bhojraj Hargule, the employee of APMC, Tumsar on phone call asked the Informant whether he had removed that truck from APMC, Tumsar, and asked to meet him, however, at that time the Informant was out of station, therefore, he went to APMC, Tumsar on 31/3/2026 at 2.30 p.m. and found that his truck was missing from APMC, Tumsar. He took search of the said Truck, however, he did not find it. Therefore, he lodged complaint to the Police Station, Tumsar. On the basis of such report, offence came to be registered against the unknown person.

5.

Thereafter the Investigating Officer, during the course of investigation, prepared spot panchanama and collected CCTV footage which was installed in the premises of APMC, Tumsar, which shows that Applicants took the said Truck, and therefore, the names of both the Applicants are added in the present offence. 6.

The Applicants have approached before this Court with a request that learned APP be directed to produce CCTV footage of the premises of APMC, Tumsar, so that the factual position would be clear in the matter. Accordingly, this Court, vide

3/5 22.ABA.409.2026.odt order dated 29/5/2026 directed the learned APP to keep ready with the investigation papers along with CCTV footage. 7.

In compliance with the aforesaid direction, learned APP has produced CCTV footage which was looked into by this Court on 12/6/2026. The Applicant and the learned APP has verified the contents of the pen drive. From perusal of the CCTV footage it is crystal clear that no one is seen, more particularly, the Applicants are not seen in the CCTV footage while removing the said truck from the place, where it was parked. One Car which was shown in the CCTV footage appears no number plate, and therefore, after going through the CCTV footage, prima facie it is clear that there is no involvement of the Applicants in the present crime.

8.

In view of this fact, since there is no involvement of the Applicants as alleged in the matter, in my opinion, the Applicants are entitled for anticipatory bail. Accordingly, following order is passed.

ORDER

1. Criminal Application is allowed.

2. In the event of arrest in Crime No. 536/2026 registered with Police Station, Tumsar, District Bhandara for the offence punishable under Section 303(2) of Bhartiya Nyaya Sanhita, 2023, the Applicants - (i) Akshay Ramsingh Bais; and (ii) Vishal Devidas Bawankule are released on furnishing PR

4/5 22.ABA.409.2026.odt Bond in the sum of Rs. 25,000/- with one solvent surety each in the like amount.

3. In the event the Investigating Officer is required attendance of the present Applicants in the investigation, in that case, the Investigating Officer shall issue pre-intimation notice to the Applicants, and accordingly, the Applicants shall attend the concerned Police Station.

4. The Applicants shall, at the time of execution of bond, furnish his address and telephone/mobile number(s) to the Investigating Officer and the Court concerned, and shall not change the same till the final disposal of the case.

5. The Applicants shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or any Police Officer.

6. The Applicants shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the Police.

7. The Applicants shall maintain law and order.

8. In case of breach of any condition, the learned trial court is at liberty to cancel the bail after giving opportunity of hearing to both the sides.

5/5 22.ABA.409.2026.odt 9.

The Criminal Application stands disposed of accordingly.

[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 15/06/2026 20:21:54