CNR No. MHNS010032122022
Order below Exh.1 in Cri. Bail Application No.796/2022.
( Yogesh Sanjay Kolpe Vs. State )
The present application is moved by the applicant­
accused Yogesh Sanjay Kolpe under section 438 of Cr.P.C. in
connection with CR No. 157/2022 registered with MIDC Sinnar
Police Station, Dist. Nashik for the offence U/s. 379, 420, 465, 467,
468, 471 r/w sec.34 of the Indian Penal Code and under section
48(7) of the Maharashtra Land Revenue Code, 1966 on 31.5.2022. .
2.

It is stated in the application that, the applicant­accused
has not committed any offence and he has been falsely implicated in
this crime, nothing is to be recovered from him. He is sole earning
member in the family and he has not cheated nor prepared forged
document and used the same as genuine. He is local resident of
Kolpewadi, Tal. Kopargaon, Dist. Ahmednagar. He is ready to abide
all conditions laid down by this Court. The offence is lodged on
suspicion and therefore, applicant­accused has apprehension of
arrest in connection of the said crime.

There are no criminal
antecedents of the applicant­accused, these and other ground set
out in the application, prayed to allow the anticipatory bail
application.
3.

Application is opposed by the State vide Exh.4 and 5.

I.O. is absent, but his representative is present before the court and
filed the police papers of investigation done so far.
4.

Heard both the parties.

5.

The learned counsel for applicant­accused Shri. N.B.

Gangawane submitted that, applicant­accused has not committed
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cheating nor used the forged permit as a genuine.

Applicant­
accused has not played any role in the crime and hence prayed that
anticipatory bail may be granted to the applicant­accused.
6.

The learned APP Shri. Suryavanshi opposed the bail
application stating that the applicant­accused has used the forged
permit as genuine and the custodial interrogation with applicant­
accused is necessary for detail investigation. Applicant­accused has
transported the sand by committing theft by using the permit.
Therefore, he submitted that the bail application may be rejected.
7.

Perused entire record. On perusal of the entire record, it
appears that, the police have seized a Dumper bearing No. MH­15­
FV­5385 containing sand. The owner of the Dumper was disclosed
as the applicant­accused Yogesh Kolpe. In the permit bearing
No.632 to 634 in column eTP No. it is left blank and the name of
purchaser is shown as applicant­accused himself as Yogesh without
any address only Sinnar is mentioned. The said vehicle was
containing 33 Ton 520 KG sand. As it is the case of illegal mining
and transportation of sand and therefore, the police have registered
the case, seized vehicle alongwith sand. The act on the part of the
accused is serious and criminal in nature and the same is causing
intentional loss to the public exchequer. Therefore, the police are
required to be given sufficient opportunity to investigate the matter
and therefore, custodial interrogation of applicant­accused is
necessary and I.O. is required to be given opportunity to unearth the
syndicate involving in illegal mining. It is the case of dishonest
removing sand from the river bed which is the property of the state
without its consent constituting theft under section 378 of IPC
punishable under section 379 of the IPC. Therefore, prima faice the
Cri. Bail Application No.796/2022.
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case is made out against the applicant­accused by the prosecution.
In the result applicant­accused is not entitled for the relief of
anticipatory bail. Hence, following order.
ORDER
1)
Anticipatory
rejected.

bail
application
2)
Inform to concern police station accordingly.

SHINDE
MADHAV A
Date­ 01.07.2022
No.796/2022
is
hereby
Digitally signed by
SHINDE MADHAV A
Date: 2022.07.02
10:58:50 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.