Swati D/O Shankarrao Barsagade v. The State Of Maharashtra Thr Pso Ps Sadar Nagpur

2025:BHC-NAG:8171

(1) 923.aba.555.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.555 OF 2025 Swati d/o Shankarrao Barsagade Vs.

State of Maharashtra through Police Station Officer, Police Station, Sadar Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. G. Gour, Counsel for the applicant.

Mr. C. A. Lokhande, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 13/08/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.254/2025 registered with Sadar Police Station, Nagpur for the offence punishable under Sections 120-B, 409, 420, 465, 468, 471, 472 read with Section 34 of the Indian Penal Code, the applicant approached this Court for grant of pre-arrest bail.

2.

Heard learned Counsel for the applicant who submitted that on 11.04.2025, one Munna Waghmare has lodged a report to the effect that he is acquainted with the teachers working in Nanaji Pudke Vidyalaya, Lakhani, District Bhandara. The informant came to know from the teachers that although Parag Nanaji Pudke i.e. co-accused has no experience of teaching, he became headmaster directly. The said co-accused has obtained the false and bogus certificates purportedly prepared and issued by SKB

(2) 923.aba.555.2025 Vidyamandir, Yadav Nagar, Nagpur. On the basis of the said false and bogus documents, the then Deputy Director of Education, Nagpur favoured him in creating various false and bogus documents. The co-accused i.e. accused No.2 has prepared a false proposal on the basis of the documents submitted by accused No.1 to obtain Shalarth ID for the post of headmaster and thus cheated the Government.

3.

Heard learned Counsel for the applicant who submitted that as far as the applicant Swati d/o Shankarrao Barsagade is concerned, who was serving as teacher has neither received any Shalarth ID nor received any pecuniary gain. It is submitted that merely because her name was appearing in the list as to the creation of the fake Shalarth IDs, she is implicated as an accused. As far as her custodial interrogation is concerned, which is not required. In view of that, she be protected by granting anticipatory bail.

4.

Learned APP strongly opposed for the same on the ground that without having Shalarth ID and approval, she has served there and drawn the pecuniary benefits. In view of that, the application deserves to be rejected.

5.

On hearing both sides and on perusal of the investigation papers, it reveals that the present applicant was arraigned as an accused merely because she was serving as a teacher. In fact, she

(3) 923.aba.555.2025 has neither received any Shalarth ID nor received any pecuniary gain. Thus, considering the role attributed to the present applicant, she can be protected by granting anticipatory bail. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) In the event of arrest, in connection with Crime No.254/2025 registered with Sadar Police Station, Nagpur for the offence punishable under Sections 120-B, 409, 420, 465, 468, 471, 472 read with Section 34 of the Indian Penal Code, the applicant Swati d/o Shankarrao Barsagade shall be released on bail on executing PR bond in the sum of Rs.25,000/- with one solvent surety of the like amount.

(iii) The applicant shall attend the concerned Police Station as and when required for the investigation purpose on issuance of notice of seven days in advance.

(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate