Sachin Yashwant Patil and Ors. vs State of Maharashtra

1. This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2024 in connection with the First Information Report (FIR) No.1/2025 registered with Rasayani Police Station, Raigad for the offence punishable under Sections 308(2), 333, 118(1), 115(2), 351(2), 352 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023.

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2. It is the case of the prosecution that the informant is the Project Manager of M/s. B. G. Shirke Company at Chavane. The company is situated on the said land since 2012. For expansion of the

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business activities, the company decided to purchase adjacent land of 11,000 sq.mtrs. The said land earlier belonged to the present applicants by acquisition it went to MIDC. In order to keep peace and to run the business smoothly, the company had given certain contracts to the present applicants. In spite of the applicants’ been granted jobs/contracts, they started illegally demanding a sum of Rs.40 lakhs from the informant’s company. As the demand was not fulfilled, the applicants started threatening the workers and even assaulted them by iron road, hence, the FIR has been filed.

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3. The learned Senior Advocate appearing for the applicants submits that the applicants are the original owners of the land. Indeed, they were working in the company by doing jobs/contracts. There is an institution by name ‘Jijau Social and Educational Trust’ which is run by the present applicants. The said association works for the betterment of the locals. It is alleged that the applicants had hit in the informant’s officer by an iron rod on his shoulder. The medical certificate on record shows that it is only a simple hurt. This FIR has been filed without there being any kind of wrongful activities been carried by the applicants. It is filed only to pressurize the present applicants. No purpose will be served by arresting the present applicants. It is only applicant no.1 who has two criminal cases

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earlier registered against him. The applicants are ready to abide by the conditions, if any, imposed by this Court.

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4. The learned APP submits that the present applicants being the locals, had threatened the informant. He further submits that there are at least three antecedents registered against applicant no.1. If they are granted pre-arrest bail, they will influence the witnesses and the informant. Therefore, this Court should not grant any protection to the applicants.

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5. I have heard the learned Senior Advocate and the learned APP for the State.

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6. The medical certificate produced before the Court of the informant shows that there is a simple injury to him. The iron rod which was used in the alleged offence has been recovered by the police. There is no dispute that the present applicants are the owners of the subject land. The photographs captured by video recording produced on record show that the applicants had been at the site of the company. It is equally proved that the applicants earlier were working/contractors with the informant’s company. An order to remain outside the jurisdiction of the police station will not be justifiable since the applicants are residing in the same locality.

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Hence, according to me, the anticipatory bail application can be disposed of with the following directions.

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ORDER

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(a) The anticipatory bail application is allowed.

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(b) In the event of arrest in connection with the FIR No. 1/2025 registered with Rasayani Police Station, Raigad, the applicants shall be released on bail on furnishing P.R. bonds to the extent of Rs.30,000/- each with two or more sureties each of the like amount.

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(c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

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(d) The applicants shall furnish details of their residential addresses, contact numbers and email addresses to the Investigating Officer.

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(e) The applicants shall attend the concerned police station on every week on Tuesday between 11.00 a.m. to 1.00 p.m. till the trial is concluded.

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(f) The applicants shall not enter the site of the informant’s company or in any manner try to create some kind of ruckus in the informant’s company.

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