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Bombay High CourtBA/1160/2025allowed

Ashwin S/O Arvind Wankhede v. The State Of Maharashtra, Thr. Pso, Bajajnagar, Nagpur

2025-12-16Hon'Ble Mrs. Justice Vrushali V. Joshi4 pages

2025:BHC-NAG:14308 1 / 4 32-ba1160-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(BA) NO. 1160 OF 2025 Ashwin Arvind Wankhede 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.Amol G.Hunge, counsel for the applicant.

Mr. V.A.Thakare, APP for the State.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 16/12/2025 1.

The applicant came to be arrested in connection with Crime No.243 of 2023 registered with Police Station Bajaj Nagar, Nagpur City, for the offence punishable under Sections 420, 406, 465, 468 and 471 of the Indian Penal Code.

2.

Surprisingly, the applicant here is the first informant, where the crime is registered. The applicant has lodged the complaint agaisnt one Omkar Talmale stating that he has given the assurance that he will give the job to this applicant in ISRO and NASA Center and he asked him to give Rs.2,00,000/-. Thereafter, after giving Rs.2,00,000/- he had given the appointment letter and has given the reason that he will get Rs.50,000/- salary as it was Covid Pandemic

2 / 4 32-ba1160-25 period. He has stated that due to Covid Pandemic period, though the joining letter is given he was not taken to office and half salary of Rs.15,000/- was given to him. Said Omkar Talmale asked him to introduce some more persons to him as job is available for many persons and to maintain the secrecy, no other procedure is followed and he will give the job and accordingly, this applicant informed other persons and also collected the amount from them. During the investigation, from the statement of witnesses, this applicant and one Chetan Bhosle are made accused and they were taken in custody.

3. The learned counsel for the applicant has stated that the applicant himself is the victim. As Omkar Talmale asked him to collect other persons and he had taken the amount. The crime is registered against this applicant. This Court has released Chetan Bhosle on bail, who is having similar role. The ground of parity is available to this applicant as the applicant himself is the victim, he has prayed to release him on bail. The charge-sheet is filed, investigation is also completed. The applicant is in jail since more than a year. Hence prayed to release him on bail.

4. The learned APP has opposed the application stating that many persons are duped by giving assurance that they will get the job in ISRO and NASA Centre and

3 / 4 32-ba1160-25 more than 5 crores are collected by the applicant and other co-accused. The amount was transferred in the account of this applicant. The learned APP has also stated that the role of Chetan is different. The ground of parity is not available. Hence, considering the involvement of applicant, prayed to reject the application.

5.

Heard both the sides and perused the record.

6. It appears from the record that first informant is the applicant and after lodging this complaint, during investigation, his role was found and some amount was transferred in his account. He has abetted the persons to deposit the amount with Omkar Talmale and some of the amount was transferred in the account of this applicant. As the crime against this applicant is disclosed on the statements made by the other witnesses and he himself has stated that he is the victim of said offence and he is the complainant. Considering the role of the co-accused, Chetan Bhosle to whom this Court has released on bail on 26.06.2025, the ground of parity is also available to this applicant. Hence, the application is allowed. Accordingly, I pass the following order:

i) The Criminal application is allowed.

4 / 4 32-ba1160-25 ii) Applicant - Ashwin Arvind Wankhede be released on bail in connection with Crime No.243 of 2023 registered with Police Station Bajaj Nagar, Nagpur City, for the offence punishable under Sections 420, 406, 465, 468 and 471 of the Indian Penal Code, on his furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with solvent surety in the like amount before the trial Court. iii] The applicant shall not in any way tamper with the prosecution evidence.

iv] The applicant shall not pressurize or threaten the prosecution witnesses.

v] The applicant shall co-operate the learned trial judge in the conduct of the trial.

7.

The Criminal Application stands disposed of accordingly.

8.

Pending application/s, if any, is are stand/s disposed of.

JUDGE