Shailaja Dnyandeo Nalavade v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2220 OF 2025 Shailaja Dnyandeo Nalavade ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Avinash B. Avhad, for the Applicant.
Ms. Pallavi H. Dabholkar, APP, for the Respondent-State.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
11th SEPTEMBER 2025 PC:- 1.
This application is filed seeking pre-arrest bail in connection with C.R. No.230 of 2025 registered with the Bhadrakali Police Station, Nashik for the offence punishable under Sections 338, 336(3), 316(4), 61(2), 62 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. The offence is registered on 18th June 2025. 2.
It is the main contention of Mr. Avhad, learned Counsel appearing for the Applicant that the Applicant has been made scapegoat. He submits that the main person involved in the crime is Mr. Bhaskar Murlidhar Bhagare, however, as he is the Member of Parliament, therefore, no offence is registered against him. He
further submits that the material on record shows that the Member of Parliament Mr. Bhaskar Bhagare as well as other higher officials i.e. Chief Executive Officer, Additional Chief Executive Officer and Chief Accountant and Finance Officer are involved in the offence, however, the F.I.R. has been lodged against the Applicant, who at the relevant time was Executive Engineer and has been targeted as she has for the first time noticed the scam. He submits that the Applicant has been made scapegoat as she has pointed out the scam.
3.
Mr. Avhad, learned Counsel submits that fake and fabricated Government Resolution mentions about 52 projects and the scam may be involving more than 500 crores. He submits that the said fabricated Government Resolution has been submitted by Mr. Bhaskar Bhagare, Member of Parliament before the Executive Engineer along with his letter.
4.
If there is substance in the above submissions made by Mr. Avhad, learned Counsel, then this is a very serious case where the Member of Parliament and higher officials of State of Maharashtra are involved in the serious crime. However, F.I.R. has been lodged
only against the Applicant, who at the relevant time was Executive Engineer and according to her contention as she has noticed the scam, she has been made scapegoat.
5.
Accordingly, the Respondent-State of Maharashtra is directed to file affidavit-in-reply. Let such affidavit-in-reply be filed within a period of two weeks from today.
6.
In view of the submissions made by Mr. Avhad, learned Counsel for the Applicant, the case is made out for grant of interim protection to the Applicant till the next date. Accordingly, the following order is passed:
O R D E R
(a) In the event of arrest of the Applicant-Shailaja Dnyandeo Nalavade in connection with C.R. No.230 of 2025 registered with the Bhadrakali Police Station, Nashik, under Sections 338, 336(3), 316(4), 61(2), 62 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023, the Applicant is directed to be released on bail on her furnishing P.R. Bond in the sum of Rs.5,000/- with one or two solvent sureties in the like amount.
(b) The Applicant shall attend the concerned Police Station as and when called.
(c) The Applicant shall furnish her cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
(f) The Applicant shall not leave India without prior permission of the Court.
7.
Stand over to 18th September 2025. To be listed fairly high on supplementary board.
Digitally signed by SONALI MILIND PATIL Date:
2025.09.11 16:41:22 +0530 [MADHAV J. JAMDAR, J.] SONALI MILIND PATIL