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2026 DAILYLAW 11979 (BOM)

ASHOK SAHEBRAO JADHAV AND ANOTHER v. THE STATE OF MAHARASHTRA

ABA/1357/2026 · 2026-09-28

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 24 ANTICIPATORY BAIL APPLICATION NO. 1357 OF 2026 ASHOK SAHEBRAO JADHAV AND ANOTHER VERSUS THE STATE OF MAHARASHTRA ... Mr. Pavan Mahendra Salunke, Advocate for Applicants Mr. A. R. Kale, APP for the Respondent/State CORAM : R. M. JOSHI, J. DATED : 28th SEPTEMBER, 2026 PER COURT :- 1. Applicants seeks pre-arrest bail in connection with Crime No. 224/2026, registered with Loni Police Station, District Ahilyanagar, for the offences punishable under Sections 119(1), 308(2), 351(2), 352 of the Bharatiya Nyaya Sanhita. 2. The First Information Report indicates that the Informant had obtained an amount of Rs. 6,000/- from Applicant No. 1 and thereafter repaid an amount of Rs. 15,000/- to him along with interest. He further alleges that, about a year ago, the Applicants took away a TVS Star motorcycle belonging to the Informant. It is alleged by the Informant that the Applicants demanded a further amount of Rs. 40,000/- for returning the said motorcycle. On 19.05.2026 at about 08:00 a.m., after threatening the Informant for payment 24 ABA 1357.2026.odt 1 of 3 2026:BHC-AUG:43670 of Rs. 40,000/-, the Applicants allegedly took away another motorcycle belonging to the Informant. On the basis of these allegations, the offence came to be registered. 3. Learned Advocate for the Applicants submits that, even if it is accepted that there were financial transactions between the Applicants and the Informant, there is no material to show that the Applicants had taken away the motorcycles as alleged. In this regard, it is submitted that both the motorcycles in question have already been seized and, therefore, custodial interrogation of the Applicants is not necessary. It is further submitted that the place from where the said motorcycles were seized does not belong to the Applicants and, therefore, the recovery cannot be attributed to them. 4. Learned APP opposed the grant of protection to the Applicants by referring to the investigation papers. According to him, as many as 11 motorcycles were seized from the premises of Applicant No. 2, which shows that there is substance in the allegations made in the First Information Report. 5. Perusal of the record shows that there are allegations against the Applicants that they had taken away one motorcycle about a year ago and another motorcycle on the date of the incident. Admittedly, both motorcycles have already been recovered. At this stage, there is nothing in the 24 ABA 1357.2026.odt 2 of 3 investigation papers to indicate that the said recovery was made from premises belonging to the Applicants or from any place under their control. Having regard to these facts, this Court finds that this is not a case where custodial interrogation of the Applicants is necessary. Hence, the following order. ORDER (i) Application is allowed. (ii) In the event of arrest of Applicants in connection with Crime No. 224/2026, registered with Loni Police Station, District Ahilyanagar, for the offences punishable under Sections 119(1), 308(2), 351(2), 352 of the Bharatiya Nyaya Sanhita, they shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one solvent surety in the like amount. (iii) They shall not contact the witnesses directly or indirectly. (iv) They shall not interfere with the evidence in any manner whatsoever. (v) They are further directed to cooperate the investigating agency for further investigation. 6. Learned APP for the Respondent/State to communicate this order to the concerned Police Station. ( R. M. JOSHI, J.) ssp 24 ABA 1357.2026.odt 3 of 3