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Bombay High CourtABA/741/2022allowed

Kushal Krushnrao Ambadkar v. State Of Mha. Thr. Pso Anjangaonsurji Tq.Anjangaonsurji Dist.Amravati

2023-01-02Hon'Ble Shri Justice Anil L. Pansare3 pages

1 / 3 18-ABA 741.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 741 OF 2022 Kushal Krushnrao Ambadkar vs. State of Maharashtra ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. S. V. Sirpurkar, Advocate for applicant.

Mr. I. J. Damle, APP for respondent.

CORAM :

ANIL L. PANSARE J.

DATE : 02/01/2023 Heard.

2.

The First Information Report (FIR) has been registered vide Crime No.0578/2022 dated 17/09/2022 against the applicant for the offences punishable under Sections 417, 464, 465, 468 and 471 of the Indian Penal Code(IPC).

3.

Having heard both the sides, it appears that the only allegation against the applicant is that he has sought employment by filing bogus Teachers Eligibility Test (TET) Certificate and thereby cheated the institution and the Government.

4.

Learned counsel for the applicant submits that he had appeared before the Investigating Officer and has co-operated in the investigation. He has

2 / 3 18-ABA 741.2022 disclosed to the Investigating Officer that he has passed TET Examination in the year 2014. The certificate is annexed as Annexure-5. Learned counsel for the applicant further submit that the applicant has appeared for examination in December 2013 from Bhagwan Mata High School, Amravati. 5.

Thus, the certificate is on record, the place from where the applicant has appeared for the TET Examination is now disclosed to the prosecution. Learned counsel for the applicant submit that the original TET certificate is with the Investigating Officer.

6.

Learned APP has opposed the application on the count that the source of obtaining certificate is to be found by a custodial interrogation. However, in the light of the details disclosed today and in the application, not only that the original TET certificate is with the Investigating Officer, but the place from where the applicant has appeared is also now disclosed to the Investigating Officer. Thus, the Investigating Officer may carry out the investigation in the said line.

7.

Learned counsel for the applicant submits that there are no criminal antecedents against the applicant and that he is residing at the given address

3 / 3 18-ABA 741.2022 for years together. Nothing is to be recovered from the applicant.

8.

The applicant therefore has made out a case for anticipatory bail. Hence, the following order :- (a) In the event of arrest in FIR No.0578 dated 17/09/2022, registered with Police Station Anjangaon, District - Amravati(Rural) for the offence punishable under Section 417, 464, 465, 468 and 471 of the IPC, the applicant be released on bail on furnishing P.R. Bond of Rs.25,000/- [Rupees Twenty Five Thousand only] with one surety in the like amount.

(b) The applicant shall attend the concerned Police Station on every Monday between 3.00 p.m. to 5.00 p.m. till filing charge-sheet.

(c) The applicant shall furnish his address and telephone/mobile number(s) to the Investigating Officer. The applicant shall not change the same without permission of the Court.

(d) The applicant shall not tamper with the evidence or influence the witnesses.

9.

Needless to say, if the applicant violate any of the conditions noted above, the bail granted to him will be cancelled.

10.

Application stands allowed in above terms.

CHANDRAKANT KOLHE 14:13 JUDGE