Dhanraj Nimbaji Khubalkar Vs the State of… — Mining and Natural Resources | Bombay HC (2025)

Dhanraj Nimbaji Khubalkar Vs the State of… — Mining and Natural Resources | Bombay HC (2025)

What the court decided

AI extract

Outcome

Ad-interim anticipatory bail (interim protection of order dated 26.03.2025) confirmed, subject to conditions: (a) attendance at the concerned police station once a week on Monday between 10:00 a.m. to 01:00 p.m. and co-operation with the Investigating Agency till filing of the charge-sheet; (b) no inducement, threat or promise to any witness acquainted with the facts of the case; (c) no indulgence in similar types of activities; a single similar incident would lead to cancellation of bail. Application disposed of accordingly.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 29/2025 registered with Police Station Khapa, District Nagpur, for offences under the Bharatiya Nyaya Sanhita, 2023 and allied statutes, is entitled to pre-arrest bail. +1 more

Court's answer

The application for pre-arrest bail is allowed and the interim protection (ad-interim anticipatory bail) granted by order dated 26.03.2025 is confirmed, subject to the condition that the applicant shall attend the concerned police station once a week on Monday between 10:00 a.m. to 01:00 p.m. and shall co-operate with the Investigating Agency till filing of the charge-sheet.

Ratio / Principle

Custodial interrogation was required only for the recovery of the tractor; since the tractor has already been produced before the Investigating Officer, the remaining interrogation needs can be met by imposing conditions rather than by custody.

Key takeaways

The bail is subject to further conditions: the applicant shall not induce, threaten or promise any witness acquainted with the facts of the case, shall not indulge in similar types of activities, and a single incident of a similar nature would lead to cancellation of bail.ratio¶23

Detailed headnote1 paragraphs

Pre-arrest bail - Bombay High Court, Nagpur Bench (Urmila Joshi-Phalke, J.) allowed Criminal Application (ABA) No. 206 of 2025 and confirmed the ad-interim anticipatory bail granted on 26.03.2025 to the applicant arraigned in Crime No. 29/2025 of Police Station Khapa, District Nagpur, registered for offences under Sections 132, 221, 238 and 303(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 48(7) and 48(8) of the Maharashtra Land Revenue Code, 1966, Sections 4 and 21 of the Mines and Minerals (Development And Regulation) Act, 1957 and Section 3 of the Prevention of Public Property Act, 1984, arising from alleged transportation of stolen sand. Holding that custodial interrogation was needed only for recovery of the tractor, which had already been produced before the Investigating Officer, the Court confirmed the protection subject to conditions: weekly attendance at the police station (Monday, 10:00 a.m.-01:00 p.m.) and co-operation till charge-sheet, no tampering with witnesses, no repetition of similar activity, with a single similar incident attracting cancellation of bail.

2025:BHC-NAG:4119

(1) 48.aba.206.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (ABA) NO.206 OF 2025

Dhanraj Nimbaji Khubalkar Vs.

State of Maharashtra, through Police Station Officer, Police Station Khapa Nagpur (Rural)

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

Mr. P. K. Sathianathan, Counsel for the applicant.

Mr. M. K. Pathan, APP for non-applicant / State.

CORAM : URMILA JOSHI-PHALKE, J. DATED : 21/04/2025

Apprehending the arrest at the hands of police in connection with Crime No.29/2025 registered with Police Station Khapa, District Nagpur, for the offence punishable under Sections 132, 221, 238 and 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 48(7) and 48(8) of the Maharashtra Land Revenue Code, 1966 and Sections 4 and 21 of the Mines and Minerals (Development And Regulation) Act, 1957 and Section 3 Prevention of Public Property Act, 1984, the applicant approached this Court for grant of pre-arrest bail.

Heard learned counsel for the applicant, who submitted that on 01.02.2025 at about 10.30 p.m. the Officer In-charge of Khapa Police Station Mr. Giri called the complainant on his mobile phone

(2) 48.aba.206.2025

and informed him that some secret information he received to the extent that there will be illegal transportation of stolen sand from Khapa town area and if any movement is observed, complainant should inform immediately. Therefore, the informant went to the road coming from the bullock market to Dohanghat road and found one tractor with trolley transporting the sand. The present applicant alleged to the driver of the said tractor. Except that, there is no allegation against him. He submitted that the custodial interrogation of the present applicant is not required, he has already produced the said tractor before the Investigating Officer. In view of that, interim protection granted to present applicant deserves to be confirmed.

Learned APP strongly opposed for the same and submitted that considering the matter in which the sand was transported his custodial interrogation is required. In view of that, the prayer for grant of anticipatory bail deserves to be rejected.

After hearing both sides and on perusal of the investigation papers, the custodial interrogation was required for the recovery of the tractor, now the said tractor is already produced before the Investigating Officer. As far as the interrogation part is concerned, some conditions required to be imposed. In view of that, I proceed to pass following order:

(3) 48.aba.206.2025

O R D E R

(i) The application is allowed.

(ii) The interim protection granted to the present applicant by order dated 26.03.2025 granting ad-interim anticipatory bail deserves to be confirmed on condition that the applicant shall attend the concerned Police Station once in a week on Monday between 10:00 a.m. to 01:00 p.m. and shall co-operate with the Investigating Agency, till filing of the charge-sheet.

(iii) The applicant shall not induce, threat or promise any witnesses, who are acquainted with the facts of the case.

(iv) The applicant shall not indulge himself in similar types of activities.

(v) A single incident of similar nature would lead to the cancellation of bail.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.)

Sarkate