1 33 ABA 860.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.860/2026 (Dhiraj Yogendra Fasate Vs. State of Maharashtra) AND CRIMINAL APPLICATION (ABA) NO.858/2026 (Abhimanyu Vijay Fulkar Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Y. K. Dhande, Advocate for applicant. Ms. T.H. Udeshi, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 06/10/2026. Heard. 2. By these applications, the applicants are seeking anticipatory bail in connection with Crime No. 585/2026 registered with Police Station Ner Parsopant, Dist. Yavatmal for the offences punishable under Sections 211(b), 212(b), 214, 218, 221, 222(a), 223(b), 224, 303(2) of the Bharatiya Nyaya Sanhita read with Section Sections 48(7) and 48(8) of the Maharashtra Land Revenue Code. 3. The brief facts of the prosecution case are that the informant has lodged a report stating that on 16/09/2026 when he was discharging his duty of patrolling, he received a secret information from his informant that a truck 2 33 ABA 860.26 bearing No. MH-40-AN-7899 was transporting sand illegally from Babhulgaon to Mangladevi. When the said truck was intercepted, the police conducted the search of vehicle and found 3 Brass Sand worth Rs. 18,000/-. When the Police Officers demanded answers from the accused persons, they were threatened by them. Subsequently, they fled from the spot. Based on these allegations, the first information report was lodged. 4. The learned counsel for the applicants submits that the applicants have been falsely implicated in the crime. The allegations against the applicants are that the applicants on the day of incident, were illegally found to be carrying sand in the truck. When they were asked to stop the truck, they did not stop it, near a jungle the truck was stopped, sand was dropped and the applicants have fled from there. All the allegations are imaginary and concocted. In fact, the applicants are not involved in the present crime at all, therefore the learned counsel prays to grant anticipatory bail to the applicants. 5. On the other hand, the learned APP vehemently opposes the application and submits that the allegations 3 33 ABA 860.26 are serious in nature. The applicants were initially asked to stop the vehicle. Accordingly, it was stopped and enquiry was made with them. It was found that they were not carrying any permit or papers in respect of transporting sand and even of the said vehicle When they were insisted to provide information, they have threatened the police officials. Thereafter, they were asked to take the truck to the police station, however, they have dropped the sand at Village Kanoba near the jungle and fled from there. Upon enquiry, it transpired, that there were two persons i.e. applicants who were present in the truck. Under such circumstances, she submits that considering the seriousness of the allegations, the applicants do not deserve to be granted bail. 6. Upon consideration of the submissions, it appears that on 16/09/2026 at about 04.30 a.m. when the informant along with patrolling party, were patrolling, at that time they have received the secret information stating that the one truck bearing No. MH-40-AN-7899 was illegally carrying sand. Accordingly, the said truck was stopped and it was found that near about 3 brass of sand was in the said truck. It further appears that when the 4 33 ABA 860.26 enquiry was made by the police officials, it was found that the sand was illegally being carried by the applicants without there being any permit and even there were no papers of the said truck. Though the allegations appear to be serious in nature, however, one question remains to be answered is when the truck was stopped by the police officials, why the accused persons were immediately not taken into custody. Be that as it may, the maximum punishment provided is of 3 years and the allegations do not inspire confidence. Considering the nature of allegations and the fact that no similar type of offences are registered against the applicants, I am inclined to grant bail to the applicants. Hence the following order:- ORDER (I) Applications are allowed and disposed of (II) In the event of arrest, the applicants Dhiraj Yogendra Fasate and Abhimanyu Vijay Fulkar be released on anticipatory bail in connection with Crime No. 585/2026 registered with Police Station Ner Parsopant, Dist. Yavatmal for the offences punishable under Sections 211(b), 212(b), 214, 218, 221, 222(a), 223(b), 224, 303(2) of the Bharatiya Nyaya Sanhita read with Section Sections 48(7) and 48(8) of the Maharashtra Land Revenue Code on their furnishing PR bond of Rs. 25,000/- each with one solvent surety in the like 5 33 ABA 860.26 amount. (III) The applicants shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. or as and when called by the Investigating Officer till filing of the charge- sheet. (IV) The applicants shall not tamper with the prosecution evidence in any manner. (V) The applicant shall not commit similar type of offence. (VI) If any of the condition is violated, the State is at liberty to seek cancellation of bail. 7. Pending application(s), if any, stand disposed of accordingly. 8. 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.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 06/10/2026 19:25:11