1 12-Cr.ABA-716-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 716 OF 2026 Kaushikbhai Dayarambhai Pandya -- 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. U.Y. Sonkusare, Advocate for the Applicant. Ms. S.S. Dhote, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 25, 2026. Heard. 2. Apprehending arrest, the applicant has approached this Court in connection with Crime No.193/2025 for the offences punishable under Sections 318(4), 338, 340(2), 341(1) of Bharatiya Nyaya Sanhita, 2023, Section 7 of the Essential Commodities Act, 1955, Sections 447 and 450 of the Companies Act, 2013 and Section 19(c)(iv) of the Chemical Fertilizers (Control) Act, registered with Police Station Lakhani, District Bhandara. 3. The First Information Report was lodged by the informant, District Quality Control Inspector, alleging that during inspection of the shop of accused No.3, a sample of fertilizer was collected on suspicion of it being spurious and was Piyush Mahajan 2026:BHC-NAG:11077 2 12-Cr.ABA-716-2026 sent for laboratory analysis. The report revealed that the fertilizer was spurious. It is alleged that accused No.1 manufactured the spurious fertilizer, accused No.2 distributed the same, and accused No.3 sold it to farmers, without the requisite licence. On these allegations, the offence came to be registered involving an alleged loss of Rs.16,42,000/- to the Government. 4. The learned counsel for the applicant submits that the applicant is the supplier of the raw material. It is alleged that accused No.2 is the distributor and accused No.3 is the shop owner, wherein adulterated fertilizers were found. He submits that the applicant has nothing to do with the same, and there is no incriminating material against the applicant to connect him with the crime. Under such circumstances, he prayed for protection of his liberty. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the applicant has not cooperated in the investigation. She further submits that though the notice was issued and replied to, however, the applicant has not attended the police station. 6. I have heard the rival submissions. Learned A.P.P. has not been able to point out from the case diary any incriminating material against the applicant. It appears that the Investigating Officer has not conducted the investigation properly, as even Piyush Mahajan 3 12-Cr.ABA-716-2026 remotely, there is nothing on record to connect the applicant with the crime. Under such circumstances, when the F.I.R. was registered on 26/05/2025 and, till date, not a single incriminating material has been collected by the Investigating Officer against the applicant, in my opinion, the applicant has made out a case for grant of bail. It further appears that the Investigating Officer has not conducted the investigation properly for the reasons best known to him as more than one year is over after registration of F.I.R. Hence, the following order:- O R D E R (i) The Criminal Application is allowed and disposed of; (ii) The order dated 11/08//2026 is hereby confirmed on the same terms and conditions as incorporated in the said order; (iii) Copy of this order be forwarded to the Superintendent of Police, Bhandara; (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: 25/08/2026 17:52:47