1 9-Cr.ABA-606-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 606 OF 2026 Bhavika W/o Kewalram Yerne -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. S.D. Mishra, Advocate for the Applicant. Ms. S.S. Dhote, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 19, 2026. Heard. 2. Apprehending arrest, the applicant has approached this Court in connection with Crime No.351/2024 for the offences punishable under Sections 457, 380 read with Section 34 of the Indian Penal Code, 1860, registered with Police Station Lakadganj, District Nagpur. 3. It is the case of the prosecution that an incident of theft took place at his house, during which gold and silver ornaments and some cash were stolen. Based on this allegation, the First Information Report (FIR) was lodged. The allegations against the applicant is that she is the owner of a jewellery shop where stolen articles were sold. Piyush Mahajan 2 9-Cr.ABA-606-2026 4. The learned counsel for the applicant submits that the First Information Report was registered in the year 2024. One of the co-accused has taken the name of the applicant. He further submits that, accordingly, a notice was issued under Section 41A of the Code of Criminal Procedure, 1973, on 07/04/2026. Accordingly, she attended the police station. There is no involvement of the applicant in the crime. Even the Investigating Officer did not find it necessary to arrest the applicant, and accordingly, he submits that, for the last two years, the Investigating Officer has not thought it fit to arrest the applicant, considering the material available. Under such circumstances, he submits that the applicant is entitled to anticipatory bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the allegations are serious in nature. The applicant is the owner of a jewellery shop. The stolen articles were sold to the applicant. Under such circumstances, she submits that it cannot be said that there are no allegations against the applicant, and therefore, she submits that the present application deserves to be rejected. 6. I have considered the rival submissions. It is not in dispute that the First Information Report was registered in the year 2024. However, the notice under Section 41-A was issued on 07/04/2026, meaning thereby that, for two years, the Piyush Mahajan 3 9-Cr.ABA-606-2026 Investigating Officer thought it fit not to arrest the applicant. Under such circumstances, as this Court has already protected the applicant by order dated 14/07/2026, I am inclined to confirm the said order. Hence, the following order:- O R D E R (i) The Criminal Application is allowed and disposed of; (ii) The order dated 14/07/2026 is hereby confirmed on the same terms and conditions as incorporated in the said order; (iii) The applicant shall attend the concerned Police Station as and when called by the Investigating Officer; (iv) Pending Misc. Application(s), if any, also stand disposed of; (v) 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.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 19/08/2026 16:10:12