Kapil Tukaram Ghorpade v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.686 OF 2025 Kapil Tukaram Ghorpade ...Applicant

Versus

State Of Maharashtra And Anr

...Respondents

____________________________________ Mr. Sai Kadam a/w. Sagar Jadhav, Advocate for the Applicant. Mr. Anand Shalgaonkar, APP for the State.

Mr. Shashikant Padve, Dy. S. P. ACB, Raigad present. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 11 MARCH 2025 P.C.:

1.

The present application is filed by applicant under Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for anticipatory bail in respect of C.R. No.10/2025, registered with Poladpur police station, for the offence punishable under section 7 of the Prevention of Corruption Act, 1988.

2.

The complaint lodged, which forms part of the FIR, contains specific allegations against the present applicant. It is stated that the applicant, who is the Tahsildar as well as the Executive Magistrate at Poladpur, District Raigad, demanded a bribe of Rs.3,00,000/- from the

complainant in exchange for passing a favorable order. 3.

The learned advocate for the applicant submits that the applicant is a government servant working in the State Government's Revenue Department and has no adverse remarks in his service record. He further submits that his client is willing to cooperate with the investigating officer and contends that the custody of the applicant, being a government servant, is not necessary. 4.

The learned APP submits that a notice under Section 35(3) of the BNSS was issued to the applicant. However, the applicant failed to appear before the Investigating Officer, citing medical advice to take bed rest. The said notice had directed the applicant to appear on 28 February 2025. The learned APP contends that, although no trap was arranged, the custody of the applicant is necessary for a proper investigation.

5.

After hearing both sides and perusing the FIR, at this stage, it is sufficient to direct the applicant to cooperate with the investigation. Accordingly, the applicant is directed to attend the office of the Investigating Officer for recording his statement on 12 March 2025, 13 March 2025, and 17 March 2025, between 11:00 a.m. and 1:00 p.m. 6.

Stand over to 24 March 2025 under the caption "For Urgent Circulation".

7.

In the meanwhile, no coercive steps will be taken against the Applicant.

(RAJESH S. PATIL, J.)