COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH : NAGPURCRIMINAL APPLICATION (ABA) NO. 714/2026(Ajay v. The State of Maharashtra) & Ors.

2 23 ABA 714.2605:00 am., SDPO called the informant and told him thatthe vehicle bearing registration no MH-14-DX-2880(Duster) is proceeding towards Gadchiroli. The informantwas asked to stop the vehicle by parking it on road. Whenthe vehicle bearing no. MH-14-DX-2880 was tried to bestopped, the said vehicle speedily proceeded towards theinformant, however he escaped by moving aside. Thevehicle fled, however, the driver police constable could seethe face of the driver i.e. of the present applicant. Based onthis information, the first information report wasregistered.4.The learned counsel for the applicant submits thatthe alleged incident which is narrated in the firstinformation report was of 06:00 am in the morning.However, the first information report was registered on thesame day i.e. 19/07/2026 in the afternoon at about 13:29hrs. Since the applicant is having similar crimes registeredunder the Bombay Prohibition Act, therefore the presentoffence was also registered against the applicant allegingthat the applicant was carrying the liquor and he was seenby one of the constable in the vehicle. Not only that, it isalleged that the applicant tried to run over one of the 3 23 ABA 714.26constable when he tried to stop the vehicle. Apart from thename mentioned in the first information report by one ofthe constable, there is no other material evidence againstthe applicant. Since the applicant is a history sheeter, theapplicant's name has surfaced in the first informationreport which could be considered as by way of an afterthought. Neither the CCTV footage nor any other cogentmaterial was collected by the investigating officer toconnect the applicant with the alleged crime, except thestatement of one of the constable. The vehicle which wasmentioned in the first information report does not belongto the applicant. Under such circumstances, he submitsthat the applicant deserves to be granted bail.5.On the other hand, the learned APP vehementlyopposes the application and submits that the applicant hascommitted 13 offences under the Bombay Prohibition Act.When the constable tried to stop the vehicle, he noticedthat the applicant was driving the vehicle with high speedtowards him with an intention to kill him. Even statementof constable Ajay was recorded wherein he has specificallystated that the applicant was driving the vehicle. Undersuch circumstances, he submits that merely the vehicle 4 23 ABA 714.26which the applicant was driving is not in his name, that byitself is not sufficient. However, the allegations are seriousin nature and therefore the custody of the applicant wouldbe required.6.I have considered the rival submissions. It is notin dispute that on 19/07/2026 at about 13:29 hrs, theoffence was registered alleging that at about 6.00 a.m. theapplicant was driving the vehicle No. MH.-14-DX-2880 ina rash and negligent manner and he was carrying illegalliquor in that vehicle. When that vehicle was tried to bestopped, the applicant has tried to run over the said vehicleon one of the constable. It further appears from the firstinformation report that constable Ajay has identified theapplicant while driving the said vehicle. After goingthrough the first information report, it appears that thoughthe incident has occurred at 6.00 a.m. in the morning,however, the first information report was registered in thenoon at about 13:29 hrs. It is further to be noted thatapart from the statement of constable Ajay, there isnothing on record to show that the applicant was drivingthe vehicle. Neither the investigating officer has collectedinformation from the RTO office about the ownership of 5 23 ABA 714.26the said vehicle nor the statement of the owner wasrecorded. Considering the above facts and circumstances, Iam 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 ArunChichghare be released on anticipatory bail in connection withCrime No.963/2026 registered with Police Station,Gadchiroli for the offences punishable under Sections109(1), 132, 221, 281 of the Bharatiya Nyaya Sanhita,2023 and Section 184 of the Motor Vehicles Act, 1988 onfurnishing PR bond of Rs. 25,000/- with one solvent surety inthe like amount.(III) The applicant shall attend the concerned Police Stationon every Sunday between 11.00 a.m. to 02.00 p.m. or as andwhen called by the Investigating Officer.(IV)The applicant shall not tamper with the prosecutionevidence in any manner.(V)The applicant shall co-operate with the InvestigatingAgency.7.Pending applications, if any, stands disposed ofaccordingly. 6 23 ABA 714.268.The observation of this Court are prima facie innature and are only limited to this application. The TrialCourt shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane