Divya Narsingh Kamble v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2340 OF 2025 Divya N. Kamble ...Applicant V/s.
The State of Maharashtra & Anr.
...Respondents.
WITH ANTICIPATORY BAIL APPLICATION NO.2342 OF 2025 Narsingh V. Kamble ...Applicant V/s.
The State of Maharashtra
...Respondent.
..............
Mr. Priyal G. Sarda a/w. Ms Seema S. Dighe i/b Mr. Kailash Tiwari for the Applicants.
Mr. V.N. Sagare, APP for the Respondent/State. An Advocate for the Respondent No.2 in ABA/2340/25 (appearance not given).
PSI Akshy Vanave, Samta Nagar Police Station present. ..............
CORAM
:
N.R. BORKAR, J.
DATE :
13.10.2025.
P.C. :
1.
Both these applications filed for anticipatory bail are arising out of one and the same crime. They are thus being disposed of by this common order.
2.
The applicants are apprehending their arrest in Crime No.626 of 2025 registered at Samta Nagar Police Station for the offences punishable under Sections 318(2), 336(3), 338, 340(2) of Bharatiya Nyaya Sanhita, 2023.
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3.
The applicant in ABA No.2342 of 2025 is the brother of first informant and applicant in ABA No.2340 of 2025 is the daughter of applicant in ABA No.2342 of 2025. According to the first informant, her mother was the owner of Room No. 6, Sai Seva Nagar, Opp. Shraddha Tower Building, Kandivali (E), Mumbai. It is alleged by the first informant that after the death of her mother in December 2024, the applicants, in order to grab the said premises prepared forged documents, viz., Agreement for Sale and PAN Card and deposited those documents with TATA Power Electricity company to get electricity connection transferred in the name of the applicants and thereby cheated the first informant. 4.
I have heard the learned counsel appearing for the applicants, the learned APP for the respondent / State and the learned counsel for the respondent No.2/first informant. 5.
The learned counsel for the applicants submits that in partition, the said premises was allotted to the applicant in ABA No. 2342 of 2025. It is submitted that the applicant in ABA No.2340 of 2025 is a student. It is submitted that the dispute if any between the parties is of civil nature.
6.
On the other hand, the learned APP for the respondent/State submits that forged documents were submitted to the TATA Power Electricity Company. It is submitted that considering the nature of crime, the applicants may not be released on anticipatory bail. 7.
I have perused the First Information Report. Prima faice, the 2/3
dispute between the parties appears to be of civil nature. There are no other criminal antecedents against the applicants. There is no need of custodial interrogation. In that view of the matter, I am inclined to release the applicants on anticipatory bail. In the result the following order is passed.
ORDER
A) The Applications are allowed.
B) In the event of arrest of the applicants in C.R. No. 626 of 2025 registered at Samta Nagar Police Station for the offences punishable under Sections 318(2), 336(3), 338, 340(2) of Bharatiya Nyaya Sanhita, 2023, they be released on bail on executing P.R. Bond in the sum of Rs.25,000/- each with one surety or two sureties in the like amount. C) The applicants shall attend the concerned police station as and when called and shall cooperate in the investigation. [N.R.BORKAR, J.] 3/3