1
MHNS010028602022
Order below Exh. 1 in Criminal Anticipatory Bail
Application No. 705/2022.
1.

This is an application for anticipatory bail under section
438 of Cr.P.C. in C.R. No. II­95/2022 registered against applicant
Jagdish Subhash Agrawal at Mhasrul Police Station for the offence
punishable under sections 43 and 52 of the Maharashtra Regional
Town Planning Act.
2.

In short it is the case of the prosecution that applicant in
Survey No. 71 and 171 of Kajal Tekadi, Tiwari Farm laid 600
millimeter diameter cement pipe in three lines and thereby obstructed
the natural Nullah without permission. Hence, this complaint.
3.

The applicant sought pre­arrest bail on the count that he
is innocent. The work was stopped immediately after they received
direction from the concern authority. NMC, Nashik has issued notice
on 04.06.2022 to the present applicant with directions to stop the work
immediately, however, already the work was stopped on 02.06.2022.
Applicant has not directed any person to close the natural Nullah as
NMC has already laid pipes on the said Nullah. The situation has
been restored by the applicant and he has replied to the notice. He is
ready to cooperate the investigation and abide by the terms and
conditions. Hence, prayed to allow the application.
4.

The Investigating Officer has objected this application on
the count that on perusing the 7/12 extract of the property it is seen
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that it is in the name of Shanta Tiwari and Atharv Tiwari. Nowhere
the name of the applicant is seen. Hence, they have to inquired about
the transaction between them.

Applicant has done the said act
without having ownership. Even after received notice from NMC the
applicant has conducted the said work which reflects that he has no
fear. Hence, prayed for rejection of the application.
5.

Heard Ld. Advocate for the applicant and Ld. APP for the
State in detail. Investigating Officer is present. Perused the FIR and
the case diary. Considering the facts of the case it is seen that offence
levelled against the applicant is under section 43 and 52 of the
Maharashtra Regional Town Planning Act. In short it is a case of the
prosecution that applicant was laying 600 millimeter diameter cement
pipe in three lines on the natural Nullah. It is also their case that
notice was issued yet no steps were taken.
6.

However, it is contended by the Advocate for the applicant
that after receiving the notice immediately the pipe lines were moved
they have also replied to the notice. In support of his contention he
has filed on record the photographs as well as the reply to the notice.
Case papers reflect that spot panchnama has been prepared where
reference has been made that pipe lines may have been laid in the
Nullah and later on removed from the Nullah which is apparently
seen. In such circumstances it cannot be said that applicants have not
complying with the notice.
7.

Much argument was made by the Advocate for the
applicant that sanctioned was not obtained by the complainant prior
to lodging the FIR. However, it is the part of the trial to consider the
said aspect. Mini trial is not expected at this stage. Already the pipe
lines have been removed. Nothing has to be recovered or discovered at
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the instance of the applicant.

The contention of the investigating
officer that he has to inquire about the transaction between the owner
of the land and the applicant is no ground to reject the present
application. No grounds have been made for custodial interrogation of
the applicant.
8.

Thus, considering the nature of allegations, prima­facie
case is made out by applicant for grant of pre­arrest bail. Hence, I
pass the following order :
ORDER
1.

The application is hereby allowed.

2.

In the event of arrest of applicant/accused in C.R.No.II­
95/2022 registered against applicant Jagdish Subhash Agrawal
at Mhasrul Police Station for the offence punishable under
sections 43 and 52 of the Maharashtra Regional Town Planning
Act, he be released on executing his P.R. Bonds of Rs.15,000/­
(Rupees Fifteen Thousand Only) with one surety in the like
amount.

3.

The applicant/accused shall co­operate the investigating
agency as and when called at the police station.

4.

The applicant/accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such
facts to the court or to any police officer or tamper with the
evidence.

5.

In the event of violation of any terms, Investigating Officer is at
liberty to take appropriate steps under section 439(2) of Cr.P.C.

6.

Inform concerned Police Station accordingly.
Sd/­xxx
Nashik.
Date : 09/06/2022.

(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.