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2025 Supreme(Online)(Bom) 5605

BOMBAY HIGH COURT
R.N. Laddha, J
Akshay Vilas Madane – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr Prashant Hagare
For the Respondents: Mr MG Patil, APP

Coram: R.N. Laddha, J.

Date: 28 July 2025.

P.C.:

By this application, the applicant seeks pre-arrest bail in connection with CR No.86 of 2025, registered with Tembhurni Police Station, Solapur, for offences punishable under Sections 3 28 and 303(3) read with 3(5) of the Bharatiya Nyaya Sanhita , 2023, Sections 4 (1) and 4(c) of the Mines and Minerals (Development and Regulation) Act , 1957, and Sections 9 and

15 of the Environment Protection Act , 1986.

2. The prosecution’s case is that the complainant is serving as a Talathi at village Shiral, Taluka Madha, Solapur. On 11 February 2025, as per the direction of the Tehsildar, he along with Ajay Hanumant Gaikwad who was serving as a Kotwal of the village and one Rajendra Bhanose went on the spot of the incident and found that the applicant and the co-accused were transporting excavated the sand from the river and after seeing them fled away with the mechanical boats used in the crime.

3. The learned Counsel appearing on behalf of the applicant, asserting the applicant’s innocence, contends that the applicant is a fisherman and has been falsely implicated in the crime. He submits that the applicant is a fisherman by occupation and has

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