Sahebrao Madhav Dange v. The State Of Maharashtra

2025:BHC-AUG:11483 {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.372 OF 2025 Sahebrao S/o. Madhav Dange, Age: 65 years, Occ.: Labourer, R/o. Bhmbre Vasti, Korhale, Tq. Rahara, Dist. Ahmednagar, At Present Ashomik Nagar, Near Namko Hospital, Nashik.

... Applicant

Versus

The State of Maharashtra Through Police Inspector, Jalgaon Tqluka Police Station, Tq. and Dist. Jalgaon ... Respondent ......

Ms. Sejal Agrawal, Advocate for Applicant Mr. V.M. Jaware, APP for Respondent - State ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 21 APRIL 2025 PRONOUNCED ON : 22 APRIL 2025 PER COURT :- 1.

Applicant seeks enlargement on regular bail on account of his arrest in Crime No.298 of 2024, registered with Jalgaon Taluka Police Station, District Jalgaon for offences punishable under Sections 137(2), 87, 96, 318, 319, 336, 338, 340, 115(1), 351(2), 352 read with 3(5) of the Bharatiya Nyaya Sanhita (BNS).

{2} 2.

Pointing to the date of arrest of the applicant as 07.09.2024, learned counsel for applicant submitted that, allegations are of committing forgery of Aadhaar Card for performing marriage of a girl. That, the applicant is 65 years of age. That, he is falsely implicated. That, apparently FIR is against unknown persons. Learned counsel took this Court through the statement of landlady and would submit that ambiguous statement has been given recording girls visiting the house. Moreover, such landlady has dispute over the payment of rent. Therefore, there is false implication. She further pointed out that, investigation is over and charge-sheet is filed on 29.111.2024. That, no further recovery is to be made. She pointed out that, till date, charge has not been framed, and therefore, future course of trial is uncertain. Precisely, considering the age of the applicant, she urges for grant of regular bail on any condition deemed fit by this Court. 3.

Learned APP opposed on the ground that, investigation revealed that applicant has participated in forgery of documents like Aadhaar Card, and the same were used for performing the marriage of minor girl. That, offence is serious, and he also apprehends misuse of liberty.

{3} 4.

Heard. Perused the papers. FIR dated 26.08.2024 is at the instance of one Ashabai. She has reported that her daughter, aged 15 years and 9 months, left the house without informing anyone to go to Nashik to meet her acquaintance, Shailesh. It was later learnt that Shailesh sent her back at Jalgaon, but she did not return home, and therefore, she has lodged report against unknown person.

5.

Investigation revealed that accused Nos. 1 to 4 i.e. Anil More, Sahebrao Dange, Soni Rai and Shital More manufactured bogus Adhaar Card and School leaving certificate, and on the strength of the same, against the wish of the girl, her marriage was performed. Present applicant is thus accused No.2. As submitted that, he is 65 years of age. On Court query to the learned APP, as to whether investigation revealed specifically at whose instance Adhaar cards are manufactured and whether the machinery used in the same was recovered from the present applicant, after going through the charge-sheet, learned APP could not give a satisfactory answer. Now investigation is over and charge-sheet is already filed in November 2024. There are no immediate prospects of matter going for trial, and when no further purpose would be achieved by continuing the detention

{4} of the applicant, relief as prayed deserves to be granted. Hence, the following order :

ORDER

(i) Application is allowed.

(ii) The applicant be released on bail in connection with Crime No.298 of 2024, registered with Jalgaon Taluka Police Station, District Jalgaon on executing Personal Bond of Rs.15,000/- with one surety in the like amount on following conditions:

[a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [c] The applicant shall attend the concerned police station twice in every week i.e. on every Thursday and Monday between 10:00 a.m. to 02:00 p.m. till committal of case and thereafter, shall regularly attend each and every effective date before the trial court.

ABHAY S. WAGHWASE, JUDGE S P Rane