35-ABA-1431-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 35 ANTICIPATORY BAIL APPLICATION NO. 1431 OF 2026 Nagesh Alias Pravin Balasaheb Albhar VERSUS The State Of Maharashtra And Another Mr. A. S. More, Advocate for Applicant Mr. S. B. Narwade, APP for Respondents CORAM : R.M. JOSHI, J DATE : AUGUST 31, 2026 P. C. : 1. Applicant apprehends arrest in connection with C.R. No. 288/2025 registered with Police Station Belwandi, District Ahilyanagar for the offences punishable under Sections 119(1), 352, 351(2), 351(3), 115(2), 324(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. First information report indicates that an incident had occurred on 23.08.2025 at about 02.30 am in which Applicant and unknown accused persons were found causing damage to the poclain machine. There is allegation that present Applicant has snatched Rs.5,000/- from the pocket of the driver. 3. Learned Counsel for the Applicant submits that admittedly there are disputes between the parties and owing to the same, possibility of false/over implication is not ruled out. It is his contention that pursuant to 2026:BHC-AUG:39449 35-ABA-1431-2026.odt the interim relief granted by the Sessions Court, Applicant has appeared before the investigating officer and there is no grievance made by the prosecution about non-cooperation on the part of Applicant in the investigation. He claims that Applicant has no criminal history behind him. It is his submission that owing to the previous disputes, possibility of snatching of Rs.5,000/- is not ruled out. 4. Learned APP opposed grant of any relief to the Applicant by referring to the allegations of snatching of money by the Applicant. By referring to the report, he submits that though Applicant has attended the investigating officer, has not cooperated in the investigation. 5. There is no dispute about the fact that the liberty of the Applicant was protected by the Sessions Court for some time and during the said period, Applicant has appeared before the investigating officer. Cooperation does not mean that incriminating evidence is provided by the Applicant to the investigating agency. It is the duty of the investigating agency to find out incriminating evidence against Applicant. In light of these facts, there are disputes between the parties, which is likely to create possibility of false/over implication of the Applicant. Having regard to these facts, this Court finds no justification not to allow Application. Hence, the order: 35-ABA-1431-2026.odt O R D E R (i) Anticipatory Bail Application is allowed. (ii) In the event of arrest of the Applicant - Nagesh Alias Pravin Balasaheb Albhar in connection with C.R. No. 288/2025 registered with Police Station Belwandi, District Ahilyanagar for the offences punishable under Sections 119(1), 352, 351(2), 351(3), 115(2), 324(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) with one surety in the like amount. (iii) He shall attend the concerned police station as and when required upon written notice by I.O. (iv) He shall not contact the witnesses directly or indirectly. (v) He shall not interfere with the evidence in any manner whatsoever. (vi) He is further directed to cooperate the investigating agency for further investigation. (R. M. JOSHI, J.) Malani