Nikunjkumar Pravinbhai Patel Vs the State of… — Motor Accident Claims | Bombay HC (2025)

Nikunjkumar Pravinbhai Patel Vs the State of… — Motor Accident Claims | Bombay HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: if arrested in connection with FIR No.0718/2024 dated 24/10/2024 (Dhule Taluka Police Station, District Dhule), the applicant is to be released on bail on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions that he attend the police station as and when called, not tamper with prosecution evidence or influence the informant/witnesses, and cooperate with the investigation and trial Court proceedings; violation of any condition renders the order liable to cancellation.

Issue for consideration

Whether the applicant, apprehending arrest in connection with FIR No. 0718/2024 registered at Dhule Taluka Police Station for offences under the Bharatiya Nyaya Sanhita, the Maharashtra Prohibition Act and the Maharashtra Motor Vehicles Act, should be granted anticipatory bail.

Court's answer

Interim protection earlier granted to the applicant is confirmed, the Court noting that there are no criminal antecedents against the applicant.

Ratio / Principle

Application allowed: in the event of arrest in connection with FIR No.0718/2024 dated 24/10/2024, the applicant shall be released on bail on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions of attending the police station as and when called, not tampering with prosecution evidence or influencing the informant and witnesses, and cooperating with the investigation and trial Court proceedings.

Key takeaways

The observations in the order are limited to the disposal of the anticipatory bail application; the trial Court is to proceed further in the matter without being influenced by them.obiter¶28

Detailed headnote1 paragraphs

Anticipatory Bail — High Court at Bombay (Aurangabad Bench), Arun R. Pedneker, J., April 21, 2025 (2025:BHC-AUG:11444): Interim protection earlier granted to the applicant (Nikunjkumar Pravinbhai Patel), who was apprehending arrest in FIR No. 0718/2024 dated 24/10/2024 of Dhule Taluka Police Station for offences under Sections 109(1) and 281 of the Bharatiya Nyaya Sanhita read with Sections 65(a), 65(b), 80 and 83 of the Maharashtra Prohibition Act and Section 184 of the Maharashtra Motor Vehicles Act, is confirmed on the footing that there are no criminal antecedents against him. Application allowed: upon arrest he is to be released on bail on a PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions of police-station attendance as and when called, non-tampering with evidence and non-influencing of witnesses, and cooperation with the investigation and trial; breach entitles cancellation. Observations confined to disposal of the anticipatory bail application.

2025:BHC-AUG:11444

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

67 ANTICIPATORY BAIL APPLICATION NO. 112 OF 2025

Nikunjkumar Pravinbhai Patel

VERSUS

The State Of Maharashtra And Another

Advocate for Applicant : Mr. Swapnil Patankar a/w/ Sakshi Muley h/f J.P. Legal Associates APP for Respondents-State: Ms. P. V. Diggikar

CORAM : ARUN R. PEDNEKER, J.

Dated : April 21, 2025.

PER COURT :-

Heard learned Counsel for the applicant and the learned APP for the respondent–State.

The applicant is apprehending arrest in connection with FIR No. 0718/2024 dated 24/10/2024, registered at Dhule Taluka Police Station, District Dhule, for the offences punishable under Sections 109(1), 281 of the Bharatiya Nyaya Sanhita, read with Sections 65(a), 65(b), 80, and 83 of the Maharashtra Prohibition Act, and Section 184 of the Maharashtra Motor Vehicles Act.

This Court, by order dated 28/02/2025, granted interim protection to the applicant. The learned Counsel for the applicant submits that the applicant has since appeared before the investigating officer and has cooperated with the investigation.

On the other hand, the learned APP submits that the applicant has not cooperated with the investigation and has failed to disclose any information regarding the illicit liquor. It is further submitted that the vehicles involved are being operated by the applicant, who is stated to have taken them on

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lease.

This Court has already granted interim protection in favour of the applicant, and there are no criminal antecedents against the applicant. In view thereof, the interim protection earlier granted to the applicant is hereby confirmed.

In view of the above, the application is allowed in the following terms: -

i] In the event the applicant is arrested in connection with FIR No.0718/2024, dated 24/10/2024, registered at Dhule Taluka Police Station, District Dhule, for the offences punishable under sections 109(1), 281 of Bharatiya Nyaya Sanhita, read with Section 65(a), 65(b), 80 and 83 of the Maharashtra Prohibition Act, read with 184 of the Maharashtra Motor Vehicles Act, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when called by the police.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

In the event, the applicant violates any of the conditions specified in

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this order, it shall be liable to be cancelled.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The application stands disposed of.

( ARUN R. PEDNEKER, J. )

vj gawade/-.

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