Santosh Chandrakant Katare v. The State Of Maharashtra

2025:BHC-AUG:32592 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1716 OF 2025 WITH CRIMINAL APPLICATION NO. 3946 OF 2025 IN ABA/1716/2025 Santosh Chandrakant Katare

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Aniket Vegal a/w Mr. Mewara Rajesh Hazarilal APP for Respondent/State : Mr. R.I. Ingole Advocate for Complainant : Mr. M.N. Kalyane ...

CORAM : MEHROZ K. PATHAN, J.

DATED : NOVEMBER 26, 2025 PER COURT :

1.

Heard.

2.

The applicant has approached this Court seeking anticipatory bail in Crime No.791/2025 registered with Kotwali Police Station, District Ahilyanagar for the offences punishable under Sections 316(2), 318(4), 336(2), 340(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.

3.

The case of the prosecution is that one Vijay has filed an F.I.R. that one Anil Padgalmal has assured him to provide job to his daughter, as he know few people in the government service who does the recruitment by taking some money. On 17.08.2025, Anil Bhaskar Padgalmal sent advertisements regarding job vacancies in various

(2) departments such as Assistant Manager in Railway Department, Manager in SBI, Health Department, Health Service Constable, Maharashtra Government Forest Department from his Mobile No. 8888280881 to my Mobile No. 9923121156. After that, on 17.08.2025 at 1:30 p.m. around 18:00, Anil Bhaskar Padgalmal called me at Wadia Park and told me that I will get your daughter a government job. You have to go to Mumbra today to fill the form and give me the token. Later, when the token amount has to be given today, I gave Rs. 5,00,000/- in cash to Anil Bhaskar Padgalmal. Then at around 11.30 pm, Anil Bhaskar Padgalmal went to Mumbai to fill the form. Then on 18.08.2025, at around 12.30 p.m., Anil Bhaskar Padgalmal took me, my son Bharat and daughter Gatika to a hotel called Sher-e-Punjab in the VT Station area in Mumbai.

Then Santosh Chandrakant Katare, R/o Murbad Road, Kalyan, Mumbai came there. When Anil Bhaskar Padgalmal introduced us to him, Santosh Chandrakant Katare checked my daughter's xerox documents and got his son Bharat a job in the Forest Department and got his daughter Gatika a job in the Railway Department. I told them to come here on 21.08.2025 to the forms for both of them. After that, on 21.08.2025 at around 12.30 p.m., I, my son Bharat, daughter Gatika and Anil Bhaskar Padghalmal went to Sher-e-Punjab Hotel in VT Station area in Mumbai.

(3) Department Training Center building along with my daughter Gatika. An unknown person came there and filled the job form of my daughter and took a Xerox copy of the document. After that, Santosh Chandrakant Katare asked me to go to the reservation department in The Railway Department Training Center building along with my daughter Gatika.

Daughter Gatika was asked to go to St. George's Hospital for medical examination and there an unknown person filled out a form from her and asked her to bring urine and smoke in a bottle for medical examination and after that, he said that he will get the medical examination done now you go back to Sher-e-Punjab Hotel. After that, at around 5.00 p.m., I discussed with Santosh Chandrakant Katare and sent Rs.1,80,000/- from my sister-in-law Renuka Vishwanath Jadhav's Google Pay No. 1870034071 to Santosh Chandrakant Katare's Google Pay No. 9011579169 and daughter Gatika sent Rs. 20,000/- from her Mobile No. 8830711852. Santosh Chandrakant Kátare gave us a cheque of Rs. 2,00,000/- from ICICI Bank for trust. After that, on 26.08.2025 at 2.00 p.m. around 10:00 a.m., my daughter Gatika and I arrived at the gate of St. George Hospital. Anil Bhaskar Padgalmal, Sukumar Pawar and Santosh Chandrakant Katare arrived there. After that, an unknown person said to my daughter that the work of ordering the job of Railway Commercial Clerk Class 3 is going on. I will give you the order in 1

(4) hour. Now you give the remaining money. At that time, I gave Rs. 8,00,000/- in cash to Santosh Chandrakant Katare at the gate of St. George Hospital. After that, I gave Rs. 3,00,000/-in cash to Santosh Chandrakant Katare at the gate of Mantralaya to do the medical and order work of my son Bharat. After that Santosh Chandrakant Katare gave the job of Railway Commercial Clerk Class 3 to my daughter Gatika. After that, when we examined the order, the officer's signature was not seen on the said order. Therefore, when we took the said order to the railway office at VT station, we came to know from the office staff that the said order was fake. After that, when we cashed the ICICI Bank cheque given by Santosh Chandrakant Katare on 29.08.2025, the said cheque bounced.

Therefore, I became convinced that the persons named 1) Anil Bhaskar Padghalmal 2) Santosh Chandrakant Katare 3) Sukumar Pawar (full name not known) and three unknown persons have gained my trust and cheated me by giving my daughter a fake appointment letter of Commercial Clerk Class 3 of the Railway Department. So I have come to Kotwali Police Station today to file a complaint.

4.

It is the submission of the learned counsel for the applicant that in so far as the amount deposited in the account is concerned, the applicant is ready to hand over back the amount and as such custodial interrogation of the applicant may not be necessary. It is his further submission that the amount of giving cash is merely a

(5) false allegation without there being any proof of the same being handed over to the applicant. He further submits that though the entire transaction has allegedly taken place in Mumbai, the complainant has registered the F.I.R. at Ahilyanagar. The allegations are only made to harass the applicant. One of the co-accused has been released on bail. He states that the applicant is having no criminal antecedents and he is ready to abide by any conditions that may be imposed by this Court. The applicant may therefore be released on bail.

5.

As against this, the learned APP Mr. Ingole submits that there are direct allegations in the name of the present applicant. The applicant appears to be a prime accused in the job scams being run. Out of Rs.18,00,000/- amount paid by the complainant to all the accused persons, a huge amount of Rs.13,00,000/- is paid to the present applicant by the complainant. The amount of Rs.2,00,000/- is paid by way of UPI payment by the complainant in the account of the present applicant. He, therefore, submits that in view of such job scams emerging regularly in the State, the custodial interrogation of the applicant is necessary to unearthed the entire conspiracy and also to find out whether there are other persons involved in the scam. He, therefore, submits that the applicant may not be released on anticipatory bail.

(6) 6.

Mr. Kalyane, learned counsel appearing for the complainant adopts the argument of the learned APP. Learned counsel for the complainant submits that some cheques were given to the complainant in lieu of the amounts which are already being taken by the applicant. The cheques were presented at ICICI Bank, the same were dishonored for insufficiency of funds. He, therefore, submits that the applicant is a fraud and if released on bail, may again indulge into identical offence and thereby dupe the citizens, who are seeking government jobs. He prays that the application may be rejected.

7.

I have gone through the investigation papers made available by the learned APP. There are statements recorded of the complainant as well as his son and daughter, who have also substantiated the allegations made in the F.I.R. by the complainant. There are UPI transactions to substantiate the allegations made in the F.I.R., which shows that Rs.1,80,000/- is paid through UPI by the sister-in-law of the complainant and Rs.20,000/- is paid by his daughter. There are direct allegations in the F.I.R. that the applicant along with other co-accused have duped the complainant on the promise of getting them a government job. The complainant falling into the trap of promise made by the applicant for getting a job, paid a huge amount to the applicant. In my opinion, custodial interrogation of the applicant would be necessary to complete the

(7) investigation in all aspects, as one of the accused Anil Padgalmal has induced the complainant. Hence, the application is rejected. 8.

In so far as the submission made by the learned counsel for the applicant that the entire transaction took place in Mumbai and the F.I.R. is filed at Ahilyanagar is concerned, it is almost a settled law that a criminal law can be set into motion at any of the place where some of the cause of action arose. A careful reading of the F.I.R. shows that some cause of action arose in the jurisdiction of Ahilyanagar and therefore, in my opinion, the F.I.R. filed at Ahilyanagar cannot be faulted with. However, these are prima facie observations made to decide anticipatory bail application and the same may not affect another proceedings.

9.

Criminal Application No.3946 of 2025 filed for assist to prosecution stands allowed and disposed of.

(MEHROZ K. PATHAN, J.) Mujaheed//