Order 170926ba1132.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO.1132 OF 2026. Harshal Yogesh Shrawankar -VERSUS- The State of Maharashtra. CRIMINAL APPLICATION [BA] NO.1164 OF 2026. Ayush Yogesh Shrawankar -VERSUS- The State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri P.G. Wankhede, Advocate for Applicants. Ms T. Udeshi, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 17, 2026. Heard. 2. Applicants came to be arrested in connection with Crime No.324/2026 registered with Lakhni Police Station, District Bhandara for the offences punishable under Sections 11[1][a], 11[1][d], 11[1][c], 11[1][j] of the Prevention of Cruelty to Animals Act, Section 119 of the Maharashtra Police Act, 1951, Sections 5, 5A, 5B, 9 A of the Maharashtra Animal Rgd. 2026:BHC-NAG:12441 Order 170926ba1132.26 2 Preservation Act, 1976, Sections 325 and 49 of the Bharatiya Nyaya Sanhita, 2023. During investigation Sections 3[1][ii], 3[2], 3[4] of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA), came to be added. 3. The first information report is lodged by Sachin Budhe, Police Official attached to the Lakhni Police Station, alleging that while patrolling on 21.06.2026 at 6 a.m. secret information was received that one Samrat is transporting cattle in Bolero Pickup Vehicle bearing registration No.MH-40-DC- 1395. On inspection of the vehicle, 14 cattle tied with ropes and kept in a congested manner were found, one of the cattle died. Hence, the first information report. 4. The learned Counsel for applicants submits that both applicants are real brothers. So far as the allegations against applicant – Harshal is concerned, he is owner of the aforesaid vehicle i.e. Bolero Pickup Van, and both applicants use to give said vehicle on rental basis. On the date of incident the said vehicle was given on rent to Subham, who use to carry animals in the said vehicle. It is submitted that applicants are neither connected with the business of sale or purchase of the Rgd. Order 170926ba1132.26 3 cattle, nor they are instrumental in providing the cattle for slaughtering or connected with the business of other accused persons. In such circumstances, it is submitted that merely on the basis of the fact that the vehicle belonged to applicant Harshal and was given by Ayush to Shubham on rent, that by itself is not sufficient to connect them with the alleged crime. It is submitted that provisions under MCOCA is also invoked against the applicants. There are no criminal antecedents against them, they are engaged in the business of providing vehicle on rent, and in such circumstances the provisions of MCOCA cannot be made applicable to them, since they are not connected with the business of sale or purchase of the cattle. The learned Counsel therefore, submits that applicants are entitled to be released on bail. 5. On the other hand the learned A.P.P. opposes the application by submitting that the applicant Ayush was driving piloting the vehicle. The said vehicle is registered in the name of applicant Harshal. Both brothers were transporting the cattle illegally. She further submits that on perusal of statement under Section 18[1] of the MCOCA, it could be Rgd. Order 170926ba1132.26 4 gathered that applicants are connected with other accused persons. There are call records between the accused persons and applicants, and also there are bank transactions between the main accused and the applicants. Further the mobile phone of Samrat Yeole -co-accused was recovered from father of the applicants. In such circumstances, she submits that it cannot be said that there is no link between applicants and the accused persons, therefore, they are not entitled to be granted bail. Additionally it is submitted that the investigation is still going on and provisions of MCOCA has been invoked, therefore, also the applicants do not deserve to be released on bail. 6. I have considered the rival submissions of the parties and gone through the contents of first information report and case diary. Perusal of the first information report reveals that the main accused Shubham and Samrat are dealing in the business of sale and purchase of cattle. It further appears that Harshal and Ayush – applicants are real brothers. The vehicle in question is owned by Harshal. Both applicants appear to be engaged in the business of renting the vehicle. Rgd. Order 170926ba1132.26 5 Perusal of the statement under Section 18 of the MCOCA of Harshal would reveal that the applicants are not aware of the business of Shubham and Samrat, they only gave their vehicle on rental basis. In such circumstances, it is very difficult to say that applicants are connected with the business of Samrat and Shubham. 7. So far as the bank transactions with the accused persons are concerned, it could be gathered from the same, that meager amounts i.e. Rs.10,000/-, 8,000/- and 4,000/- were transferred. Had it been a case that applicants were connected with the said business, transactions would have been in huge amounts. Even on perusal of the statement under Section 18 of the MCOCA, I do not find that the applicants are involved in the business with Samrat and Shubham. It is also to be noted that there are no criminal antecedents against the applicant, in such circumstances merely invocation of provisions of MCOCA is not sufficient. The applicants are behind bars since 05.07.2026 and their further custody is not required. In view of above, I am of the considered opinion that applicants have made out a case for Rgd. Order 170926ba1132.26 6 grant of bail, hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) Applicants -Harshal Yogesh Shrawankar and Ayush Yogesh Shrawankar be released on regular bail in connection with Crime No.324/2026 registered with Lakhni Police Station, District Bhandara for the offences punishable under Sections 11[1][a], 11[1][d], 11[1][c], 11[1][j] of the Prevention of Cruelty to Animals Act, Section 119 of the Maharashtra Police Act, 1951, Sections 5, 5A, 5B, 9 A of the Maharashtra Animal Preservation Act, 1976, Sections 325 and 49 of the Bharatiya Nyaya Sanhita, 2023, Sections 3[1][ii], 3[2], 3[4] of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA), on their furnishing P.R. Bond of Rs.1,00,000/- with two sureties each in the like amount. (iii) The applicants shall attend the concerned police station on every Sunday between 11 a.m. to 2 p.m., till filing of the charge sheet. (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. Rgd. Order 170926ba1132.26 7 (v) The accused shall provide their residential address and cell number to Police Station concerned and shall not change their place of residence without prior intimation to the Investigating Agency. (vi) The accused on commencement of the trial, shall attend each and every date of trial regularly. If they fail to attend the trial for one single date, or fail to comply with the aforesaid conditions, their default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 21/09/2026 10:54:11