1 15. ABA 790 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.790 OF 2026 MR. MANOJ S/O SHRI OMPRAKASH SONI VERSUS STATE OF MAHARASHTRA THR PSO., PS RAMNAGAR, CHANDRAPUR Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.R. Sharma h/f Mr. S.D. Ambade, Advocate for Applicant. Ms. T.H. Udeshi, APP for Non-Applicant-State. CORAM : M.M. NERLIKAR, J. DATED : 30th SEPTEMBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant as well as learned APP for the State. 2. Apprehending arrest, the applicant has approached this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail, in connection with Crime No.1190 of 2024, registered with Police Station Ramnagar, Chandrapur, for the offences punishable under Sections 331(3), 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. 3. Learned Counsel for the applicant submits that the allegations against the applicant are that he has purchased the stolen 2026:BHC-NAG:13089 2 15. ABA 790 of 2026.odt articles i.e. gold and silver articles worth Rs.1,56,000/-. He submits that the Investigating Officer had issued a notice under Section 35[3] of BNSS, incorporating a condition that the applicant should produce the stolen articles. He submits that the applicant is arrainged as a accused on the basis of the statement of the co-accused. It is his submission that the applicant is neither connected with the co-accused nor he has purchased any gold or silver articles. Under such circumstances, considering the nature of allegations and the fact that though notice was issued under Section 35[3] of BNSS, however, due to the condition laid down in the said notice, the applicant was not able to remain present before the Investigation Officer. He, therefore, prayed for grant of anticipatory bail. 4. This Court vide order dated 15.09.2026, has granted interim protection to the applicant. Pursuant to the said order, the applicant has attended the concerned police station. However, learned APP submits that he was accompanied by an Advocate while attending the concerned police station. Accordingly, statement of the applicant was recorded, wherein he has specifically admitted that he has purchased the stolen articles from the main accused. She further submits that when the Investigating Officer went to Madhya Pradesh along with Madhya Pradesh Police, to the applicant’s home, the applicant admitted that he had purchased the stolen articles. However, 3 15. ABA 790 of 2026.odt when the Investigating Officer went inside the house of the applicant to recover the stolen articles, he and his family members ran away from the back door of the house. She, therefore, submits that considering the conduct of the applicant and non-cooperation on his part, the applicant does not deserve to be granted bail. 5. Upon consideration of the submissions of both the sides, it appears that the Investigating Officer is trying to recover the stolen articles from the applicant by hook or crook, which is not permissible in law. After considering the notice under Section 35[3] of BNSS, it could be gathered that the applicant has been asked to surrender the stolen articles. This fact itself suggests that the Investigating Officer is trying to show recovery from the applicant. Under such circumstances, I am of the considered opinion that the applicant has made out a prima facie case for grant of anticipatory bail and since this Court has granted interim protection to the applicant vide order dated 15.09.2026, same is hereby confirmed and following order is passed. ORDER i) The Criminal Application is allowed and disposed of. ii) The interim order dated 15.09.2026, is hereby confirmed on the same terms and conditions except condition No.(iii). However, the applicant shall attend the 4 15. ABA 790 of 2026.odt concerned Police Station on 2nd and 4th Sunday of every month in between 11.00 a.m. to 02.00 p.m. iii) Pending applications, if any, stand disposed of. 6. The observations of this Court are prima facie in nature and are only limited to this application. The trial Court shall not be influenced by the aforesaid observations (M.M. NERLIKAR, J.) asd