Gaurav Vinayak Nikhare v. The State Of Maharashtra, Thr. Pso, Ps, Ramnagar, Tq. And Dist. Chandrapur

2025:BHC-NAG:6242

(1) 949 & 953.aba.466.470.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 466 OF 2025 Gaurav Vinayak Nikhare Vs.

State of Maharashtra, through Police Station Officer, Police Station, Ramnagar, District Chandrapur AND CRIMINAL APPLICATION (ABA) NO. 470 OF 2025 Sonu d/o Niranjan Gawande Vs.

State of Maharashtra, through Police Station Officer, Police Station, Ramnagar, District Chandrapur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ABA No.466/2025.

Mr. A. M. Chandekar, Counsel for the applicant. Mr. N. B. Jawade, aPP for non-applicant/State. ABA No.470/2025.

Mr. S. V. Sirpurkar, Counsel for the applicant. Mr. Amit Madiwale, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 01/07/2025 1.

By these applications, the applicants are seeking pre-arrest bail in connection with Crime No.801/2023 registered with Police Station Ramnagar, District Chandrapur for the offence punishable under Sections 471, 468, 467 and 420 read with Section 34 of the Indian Penal Code.

(2) 949 & 953.aba.466.470.2025 2.

Heard learned Counsels for the applicants, who submitted that in the year 2021 or prior to that, there were job vacancies in Chandrapur Super Thermal Power Station (CSTPS), Chandrapur. While filling the job vacancies, priority was given to the persons or family members of the persons whose lands were acquired by CSTPS for its project. As per the allegation, present applicants were instrumental in obtaining the forged Project Affected Certificate on the basis of the bogus documents. It is further submitted that the applicants were protected before the trial Court and subsequently, the applications are rejected. The applicants have already cooperated with the investigating agency. In view of that, they be protected by granting ad-interim protection. 3.

Learned APP strongly opposed the applications and submitted that considering the allegation levelled against the present applicants, their custodial interrogation is required.

4.

On hearing both sides and on perusal of the impugned order passed by the Additional Sessions Judge, Chandrapur as well as the recitals of the FIR, it reveals that the present applicants were instrumental in obtaining the Project Affected Certificate. However, it is necessary to go through the investigation papers. At this stage, immediate custodial interrogation of the present applicants is not required. In view of that, prayer for grant of

(3) 949 & 953.aba.466.470.2025 ad-interim protection deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) In the event of arrest, in connection with Crime No.801/2023 registered with Police Station Ramnagar, District Chandrapur for the offence punishable under Sections 471, 468, 467 and 420 read with Section 34 of the Indian Penal Code, the applicant Gaurav Vinayak Nikhare in Criminal Application (ABA) No.466/2025 and applicant Sonu d/o Niranjan Gawande in Criminal Application (ABA) No.470/2025 shall be released on ad-interim anticipatory bail, on executing PR bond in the sum of Rs.25,000/- each with one solvent surety in the like amount.

(ii) The applicants shall attend the concerned Police Station once in a week on Sunday between 10.00 a.m. to 1.00 p.m. and shall cooperate with the investigation agency.

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

5.

Learned APP waives notice for the State and seeks time to file reply.

6.

Stand over after two weeks.

7.

Both the applications be tagged together.

(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 03/07/2025 17:58:05