Abhijit Digmbarrao Bhuyar v. The State Of Maharashtra And Another
2025:BHC-AUG:8179
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 934 ANTICIPATORY BAIL APPLICATION NO. 636 OF 2024 Sagar Permeshwar Londhe
VERSUS
The State Of Maharashtra And Another ...
WITH ANTICIPATORY BAIL APPLICATION NO. 480 OF 2024 Sachin Govind Mule
VERSUS
The State Of Maharashtra And Another ...
WITH ANTICIPATORY BAIL APPLICATION NO. 1216 OF 2024 Abhijit Digmbarrao Bhuyar
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicants : Mr. Thombre S. S.
APP for Respondents-State: Mr. S. P. Sonpawale ...
CORAM :
ARUN R. PEDNEKER, J.
Dated :
March 20, 2025.
PER COURT :- 1.
Heard learned counsel for the applicants and the learned APP for the respondent-State.
2.
The applicants in ABA/636/2024 and ABA/480/2024 apprehend arrest in connection with FIR No. 0051/2024, dated 15/02/2024, registered at Anandnagar Police Station, District Osmanabad, for offences punishable under Sections 420, 419, 468, and 379 of the IPC and Sections 66, 66(C), and 66(D) of the Information Technology Act. The applicant in ABA/1216/2024 apprehends arrest in connection with FIR No. 0108/2024, dated 30/03/2024, registered at Zilla Peth Police Station, Jalgaon, for offences punishable under Section 420 read with Section 34 of the IPC, Sections 7 and 8 of the Maharashtra Prevention of Malpractices at University, Board, and Other Specified Examinations Act, 1982, and Section 66(D) of the Information 1 of
934 ABA 6362024 Technology Act, 2000.
3.
This Court granted interim protection to the applicants in ABA/636/2024 and ABA/480/2024 on 19/04/2024 and 26/03/2024, respectively, and to the applicant in ABA/1216/2024 on 20/07/2024. 4.
The allegations against the applicants are that, while answering examinations on a computer, they interfered with the system, causing the cursor to appear and allowing them to change their answers in the last 20 minutes, thereby securing higher marks.
5.
Pursuant to this Court's direction, the Investigating Officer sought expert opinion, which concluded that such interference was not possible through the computer system.
6.
Considering this aspect, the interim protection granted to the applicants is confirmed.
7.
In view of the above, the application is allowed in the following terms:
i] In the event the applicants are arrested in connection with FIR FIR No. 0051/2024, dated 15/02/2024, registered at Anandnagar Police Station, District Osmanabad, for offences punishable under Sections 420, 419, 468, and 379 of the IPC and Sections 66, 66(C), and 66(D) of the Information Technology Act, and in connection with FIR No. 0108/2024, dated 30/03/2024, registered at Zilla Peth Police 2 of
934 ABA 6362024 Station, Jalgaon, for offences punishable under Section 420 read with Section 34 of the IPC, Sections 7 and 8 of the Maharashtra Prevention of Malpractices at University, Board, and Other Specified Examinations Act, 1982, and Section 66(D) of the Information Technology Act, 2000, they shall be released on bail on furnishing PR bond of Rs.20,000/-each with one or two sureties in the like amount to the satisfaction of the trial Court.
ii] The applicants shall attend the police station as and when called by the police.
iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
8.
In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled. 9.
It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
10.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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