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Bombay High CourtABA/371/2025disposed off

Vishnu S/O Mukundrao Kokadde v. The State Of Maharashtra Thr Pso Ps Khaparkheda Dist Nagpur

2025-05-21Hon'Ble Justice Urmila Joshi Phalke3 pages

1/3 Cir.aba.371.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR ANTICIPATORY BAIL APPLICATION NO. 371 OF 2025 (Vishnu Mukundrao Kokadde V/s State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. C. Jaltare, Advocate for Applicant.

Ms. Prachi Joshi, APP for Respondent/State.

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CORAM

: ROHIT W. JOSHI, J.

DATE : MAY 21, 2025.

VACATION COURT .

Heard. Issue notice to the Respondent, returnable in the week commencing from 9th June, 2025.

2.

Ms. Prachi Joshi, the learned APP waives service of notice on behalf of the Respondent/State.

3.

The present Applicant is Accused No.3 in First Information Report No. 0349/2025 registered with Police Station Khaparkheda, District Nagpur (Rural) on 7/5/2025 for the offences punishable under Section 318(4), 336(3) and 340(2) of Bharatiya Nyaya Sanhita, 2023.

4.

The allegation against the Applicant pertains to forgery of documents of Grampanchayat i.e. Gaothan Certificates issued in favour of the Accused Nos.1 and 2. The prosecution case is that the Accused Nos.1 and 2 did not apply for Gaothan

2/3 Cir.aba.371.2025.odt Certificates, nonetheless, Gaothan Certificates have been issued in their favour. These Certificates have been issued in the name of Accused Nos.1 and 2 by the Secretary, Grampanchayat, who is Accused No.4. It is alleged that the Accused No.3/present Applicant, who is Sarpanch of the Grampanchayat, had exerted political pressure on the Accused No.4 to issue Gaothan Certificates in favour of the Accused Nos.1 and 2. The allegations, even if taken on their face value, do not make out ingredients of cheating under Section 318(4) as also forgery and using forged documents as genuine which are punishable under Sections 336(3) and 340(2) of Bharatiya Nyaya Sanhita, 2023. 5.

In view of above, I am inclined to grant ad-interim protection to the Applicant, till the returnable date, in the following terms.

1.

In the event of arrest in relation to First Information Report No. 0349/2025 registered with Police Station Khaparkheda, District Nagpur (Rural) on 7/5/2025 for the offences punishable under Section 318(4), 336(3) and 340(2) of Bharatiya Nyaya Sanhita, 2023, the Applicant - Vishnu Mukundrao Kokadde be released on bail on executing PR Bond to the tune of Rs. 25,000/- with one solvent surety in the like amount.

2.

The Applicant shall attend the concerned Police Station on every Sunday at 1.00 p.m.

3/3 Cir.aba.371.2025.odt 3.

The Applicant shall co-operate with the investigation and make himself available for interrogation, whenever required.

(ROHIT W. JOSHI, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 22/05/2025 16:19:37