1 23 ABA 714.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 714/2026 (Ajay S/o Arun Chichghare Vs. The 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. A. C. Jaltare, Advocate for applicant. Mr. N. B. Jawade, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 19/08/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No.963/2026 registered with Police Station, Gadchiroli for the offences punishable under Sections 109(1), 132, 221, 281 of the Bharatiya Nyaya Sanhita, 2023 and Section 184 of the Motor Vehicles Act, 1988. 3. Brief facts of the prosecution case are that on 18/07/2026 at about 9:00 pm., the SDPO called the informant and others in his office and apprised them that he has received a secret information regarding illegal transportation of liquor in a vehicle bearing No. MH-14- DX-2880 (Duster). He directed the informant and other officers to take legal action against this vehicle. At about 2 23 ABA 714.26 05:00 am., SDPO called the informant and told him that the vehicle bearing registration no MH-14-DX-2880 (Duster) is proceeding towards Gadchiroli. The informant was asked to stop the vehicle by parking it on road. When the vehicle bearing no. MH-14-DX-2880 was tried to be stopped, the said vehicle speedily proceeded towards the informant, however he escaped by moving aside. The vehicle fled, however, the driver police constable could see the face of the driver i.e. of the present applicant. Based on this information, the first information report was registered. 4. The learned counsel for the applicant submits that the alleged incident which is narrated in the first information report was of 06:00 am in the morning. However, the first information report was registered on the same day i.e. 19/07/2026 in the afternoon at about 13:29 hrs. Since the applicant is having similar crimes registered under the Bombay Prohibition Act, therefore the present offence was also registered against the applicant alleging that the applicant was carrying the liquor and he was seen by one of the constable in the vehicle. Not only that, it is alleged that the applicant tried to run over one of the 3 23 ABA 714.26 constable when he tried to stop the vehicle. Apart from the name mentioned in the first information report by one of the constable, there is no other material evidence against the applicant. Since the applicant is a history sheeter, the applicant's name has surfaced in the first information report which could be considered as by way of an after thought. Neither the CCTV footage nor any other cogent material was collected by the investigating officer to connect the applicant with the alleged crime, except the statement of one of the constable. The vehicle which was mentioned in the first information report does not belong to the applicant. Under such circumstances, he submits that the applicant deserves to be granted bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that the applicant has committed 13 offences under the Bombay Prohibition Act. When the constable tried to stop the vehicle, he noticed that the applicant was driving the vehicle with high speed towards him with an intention to kill him. Even statement of constable Ajay was recorded wherein he has specifically stated that the applicant was driving the vehicle. Under such circumstances, he submits that merely the vehicle 4 23 ABA 714.26 which the applicant was driving is not in his name, that by itself is not sufficient. However, the allegations are serious in nature and therefore the custody of the applicant would be required. 6. I have considered the rival submissions. It is not in dispute that on 19/07/2026 at about 13:29 hrs, the offence was registered alleging that at about 6.00 a.m. the applicant was driving the vehicle No. MH.-14-DX-2880 in a rash and negligent manner and he was carrying illegal liquor in that vehicle. When that vehicle was tried to be stopped, the applicant has tried to run over the said vehicle on one of the constable. It further appears from the first information report that constable Ajay has identified the applicant while driving the said vehicle. After going through the first information report, it appears that though the incident has occurred at 6.00 a.m. in the morning, however, the first information report was registered in the noon at about 13:29 hrs. It is further to be noted that apart from the statement of constable Ajay, there is nothing on record to show that the applicant was driving the vehicle. Neither the investigating officer has collected information from the RTO office about the ownership of 5 23 ABA 714.26 the said vehicle nor the statement of the owner was recorded. Considering the above facts and circumstances, I am inclined to grant anticipatory bail to the applicant, hence the following order:- ORDER (I) Application is allowed and stands disposed of. (II) In the event of arrest, the applicant Ajay S/o Arun Chichghare be released on anticipatory bail in connection with Crime No.963/2026 registered with Police Station, Gadchiroli for the offences punishable under Sections 109(1), 132, 221, 281 of the Bharatiya Nyaya Sanhita, 2023 and Section 184 of the Motor Vehicles Act, 1988 on furnishing PR bond of Rs. 25,000/- with one solvent surety in the like amount. (III) The applicant 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. (IV) The applicant shall not tamper with the prosecution evidence in any manner. (V) The applicant shall co-operate with the Investigating Agency. 7. Pending applications, if any, stands disposed of accordingly. 6 23 ABA 714.26 8. The observation 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: 19/08/2026 18:14:46