Chitra Sonawane. 18.aba1072-25.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1072 of 2025 Akshay Vilas Madane Age: 25 years, Occ. Agriculturist, R/at: Brijvadi, Tal: Malshiras, Dist: Solapur. … Applicant versus The State of Maharashtra (At the instance of Sr. P.I. Tembhurni Police Station, Tal: Madha, Dist: Solapur) … Respondent ---- Mr Prashant Hagare, for the applicant. Mr MG Patil, APP, for the respondent/ State. WPSI Swati Survase, Tembhurni Police Station. ---- Coram: R.N. Laddha, J. Date: 28 July 2025. P.C.: By this application, the applicant seeks pre-arrest bail in connection with CR No.86 of 2025, registered with Tembhurni Police Station, Solapur, for offences punishable under Sections 328 and 303(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 4(1) and 4(c) of the Mines and Minerals (Development and Regulation) Act, 1957, and Sections 9 and 15 of the Environment Protection Act, 1986. Page 1 of 5 ____________________________________________ 28 July 2025 CHITRA SANJAY SONAWANE Digitally signed by CHITRA SANJAY SONAWANE Date: 2025.07.30 18:58:39 +0530 Chitra Sonawane. 18.aba1072-25.docx 2. The prosecution’s case is that the complainant is serving as a Talathi at village Shiral, Taluka Madha, Solapur. On 11 February 2025, as per the direction of the Tehsildar, he along with Ajay Hanumant Gaikwad who was serving as a Kotwal of the village and one Rajendra Bhanose went on the spot of the incident and found that the applicant and the co-accused were transporting excavated the sand from the river and after seeing them fled away with the mechanical boats used in the crime. 3. The learned Counsel appearing on behalf of the applicant, asserting the applicant’s innocence, contends that the applicant is a fisherman and has been falsely implicated in the crime. He submits that the applicant is a fisherman by occupation and has no involvement whatsoever in the crime in question. He further submits that the applicant is not a resident of village Shiral, thereby negating any territorial nexus with the place of occurrence. The applicant has no criminal antecedents and there is nothing incriminating to be recovered or discovered from the applicant. The applicant is ready to abide by any conditions imposed by this Court if granted bail. 4. The learned Additional Public Prosecutor representing the respondent/ State, opposes the applicant’s request for pre-arrest bail. He submits that the applicant, in active collusion with the co-accused, unlawfully entered the shallow stretches of the ____________________________________________ 28 July 2025 Chitra Sonawane. 18.aba1072-25.docx Bhima riverbed using mechanical boats and engaged in large scale excavation of sand without any requisite permission or authorisation from the competent authorities. Such unauthorised extraction has not only caused substantial environmental degradation but has also resulted in a considerable loss to the public exchequer. The learned APP, further submits that there are independent eyewitnesses to the incident who are credible and have no discernible motive to falsely implicate the applicant. Although the illegally excavated sand has been seized during the course of investigation, the mechanical boats employed in the commission of the offence remain untraced and unrecovered, necessitating custodial interrogation of the applicant for their recovery. The offence is of a serious nature, and the investigation is at a nascent stage. If granted pre-arrest bail, the applicant may tamper with the evidence or influence witnesses. 5. This Court has given anxious consideration to the rival contentions and perused the records. 6. It is a settled position in law that the power to grant anticipatory bail is extraordinary and must be used with caution and discretion, based on the specific facts of each case. Unlike regular bail, it cannot be treated as a general rule. Courts must ____________________________________________ 28 July 2025 Chitra Sonawane. 18.aba1072-25.docx avoid a one-size-fits-all approach, as granting such pre-arrest bail in serious cases may affect the investigation. These aspects are also highlighted in the decision of the Hon’ble Supreme Court in Srikant Upadhyay & Ors. Vs State of Bihar & Anr., 2024 SCC OnLine SC 282. 7. Upon perusing the records, it appaers that the applicant is specifically named in the FIR and is noticed by the informant and the witnesses while committing the offence. It is alleged that the applicant along with the co-accused unlawfully entered the shallow stretches of the Bhima riverbed using mechanical boats and engaged in large scale excavation of sand without any requisite permission or authorisation from the competent authorities. Such authorised extraction has not only caused environmental degration but has also resulted in a considerable loss to the public exchequer. The mechanical boats employed in the commission of the offence are yet to be recovered. The offence is of a serious nature, and the investigation is at a nascent stage. The eyewitness statements specifically implicate the applicant. Prima facie, there is sufficient material on record to demonstrate the applicant’s participation in the crime. The investigation of such crimes must be conducted with utmost seriousness and heightened diligence. Given the gravity of the offence, its implications on society, and the early stages of the ____________________________________________ 28 July 2025 Chitra Sonawane. 18.aba1072-25.docx investigation, this Court is not inclined to exercise its discretion in favour of the applicant. As a result, the present application stands rejected. [R.N. Laddha, J.] ____________________________________________ 28 July 2025