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Bombay High CourtABA/21/2026disposed off

Jaideep Ramnath Gadhe v. The State Of Maharashtra And Another

2026-03-30Hon'Ble Shri Justice Mehroz K. Pathan8 pages

2026:BHC-AUG:14335 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.21 OF 2026 Jaideep s/o Ramnath Gadhe ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. Vijay V. Deshmukh, Advocate for applicant Mr. R.K. Ingole, A.P.P. for respondents, assisted by Mr. M.A. Dond, Advocate for intervener .......

WITH CRIMINAL APPLICATION NO.542 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO.21 OF 2026 Mahesh Haribhau Khatik ... APPLICANT

VERSUS

Jaideep s/o Ramnath Gadhe & anr.

... RESPONDENTS .......

Mr. M.A. Dond, Advocate for applicant Mr. Vijay V. Deshmukh, Advocate for respondent No.1 Mr. R.K. Ingole, A.P.P. for respondent No.2 .......

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CORAM : MEHROZ K. PATHAN, J.

DATE : 30th MARCH, 2026 PER COURT :

1.

Criminal Application No.542/2026 is allowed. The intervener is permitted to assist learned A.P.P. 2.

The applicant has filed the present Anticipatory Bail Application for release on bail in the event of his arrest in connection with Crime No.1020/2025, registered at Newasa Police Station for the offences punishable under Sections 7(A) and 12 of the Prevention of Corruption Act, 1988.

3.

Learned counsel for the applicant submits that, the applicant is falsely implicated in the present crime. The allegations of demand and acceptance are only against the accused Ajaybhansingh Pardeshi and the said accused have already been arrested and released on bail. The allegation against the applicant is only about the phone call conversation. The said phone call was asked to be made by the Anti-Corruption Bureau after the raid was conducted while the main accused Pardeshi was arrested on the spot red-handed while accepting the amount of Rs.1,50,000/- as bribe. The allegation about phone call is that the applicant has

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allegedly replied to the main accused that he should decide about whatever amount is accepted as a bribe and that they will have speak about the same later on.

4.

Thus, the learned counsel for the applicant submits that, this by itself would not constitute an offence under Sections 7 and 12 of the Prevention of Corruption Act. The allegations in the F.I.R. would show that there was a specific demand made by the accused in the month of June 2025. However, still no complaint was filed by the complainant against the applicant. The said allegations of demanding Rs.25,000/- in the month of June 2025 by the present applicant is deliberately made only to involve all the officers of the Land Record Department in the present crime, who were connected with the measurement. The applicant is a Government servant and not having any criminal antecedents. The applicant is ready to abide by any conditions that may be imposed. Hence the applicant be released on anticipatory bail.

5.

The learned A.P.P., on the other hand, strongly opposed the application on the ground that the applicant is involved in the serious offence and there are direct allegations against the applicant of making the demand for opening of the road which was

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already directed to be opened by the orders passed by High Court in the proceedings earlier filed by the villagers. Not only that, the transcript of details of pre-trap panchanama and the post-trap panchanama also show that the main accused Ajaybhansingh Pardeshi has made a phone call to the applicant after accepting the amount of Rs.1,50,000/- to enquire about what is to be done of the bribe amount, wherein the applicant is alleged to have said that they will decide about the same later on. The said conversation establishes the case against the applicant under the provisions of the Prevention of Corruption Act and as such, the custodial interrogation of the applicant is necessary and this is not a fit case to grant anticipatory bail to the applicant.

6.

The learned counsel assisting the prosecution also adopts the arguments of the learned A.P.P. and submits that, the applicant is the main accused in the present crime and it was because of his initial conduct that the road could not be measured and handed over to the villagers despite there being directions by the Hon'ble High Court. When the applicant was Incharge of the proceedings, he had put markings on the road, thereby deliberately causing obstructions to the villagers to use the same, only with a view to extract the bribe money for himself. After the villagers had

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visited, the applicant has made a demand of Rs.25,000/- in the month of June 2025 and thereafter the other accused Ajaybhansingh Pardeshi took over the proceedings. The said accused Ajaybhansingh Pardeshi along with the present applicant acted in connivance and made demand of Rs.2 Lakhs for opening of road after measurement, which was finally settled at Rs.1,50,000/-. The main accused Ajaybhansingh Pardeshi has been caught red-handed while accepting the amount of Rs.1,50,000/- and there is phone call conversation transcript recorded, which shows that the applicant has asked the main accused Ajaybhansingh Pardeshi that they will decide about the bribe money later one. The said fact prima facie establishes offence under the provisions of the Prevention of Corruption Act, hence the applicant may not be released on anticipatory bail. 7.

I have gone through the F.I.R. and the investigation papers. Perusal of the investigation papers shows that, there were initial allegations of demand of Rs.25,000/- at the instance of the present applicant in the month of June 2025. However, there was no complaint made by the villagers to the Anti-Corruption Bureau for action against the present applicant. The further allegations show that, the entire conversation about the demand and

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acceptance of the bribe with the other accused Ajaybhansingh Pardeshi, wherein he is alleged to have made demand and accepted the bribe money at the behest of the present applicant. The trap was laid and the main accused Ajaybhansingh Pardeshi was arrested red-handed while accepting the bribe money. There are allegations that the main accused Pardeshi was deliberately made to make a phone call to the present applicant after conducting the raid. It is alleged that, in pursuance to the said phone call, there was a conversation between the applicant and the main accused, wherein the applicant is alleged to have said that they will decide about the bribe money later on. This, according to the prosecution, establishes the prima facie case against the applicant.

8.

After going through the investigation papers, it appears that, the investigation is almost complete and the main accused Ajaybhansingh Pardeshi is already arrested. The documents further show that, the necessity of the custodial interrogation of the applicant is required only to take voice sample of the applicant to analyse the same with the transcript of the conversation with the main accused Ajaybhansingh Pardeshi with the present applicant.

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9.

Learned counsel for the applicant submits that, the applicant is already transferred from Newasa, District Ahmednagar to Jalgaon and there is no likelihood of applicant tampering with the evidence. However, still the apprehension of the learned A.P.P. that the applicant may tamper with the prosecution evidence can be taken care of by imposing appropriate conditions. Thus, taking into consideration nature of the evidence against present applicant, I am inclined to allow the application. Hence the followng order :

ORDER

(i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant Jaideep Ramnath Gade in connection with Crime No.1020/2025, registered at Newasa Police Station for the offences punishable under Sections 7(A) and 12 of the Prevention of Corruption Act, 1988, the applicant be released on bail on executing P.R. bond of Rs.50,000/- (Rupees fifty thousand) with two sureties in the like amount. (iii) The applicant shall attend the Newasa Police Station, District Ahilyanagar on 7th, 14th, 15th, 21st and 22nd April 2026 between 11.00 a.m. and 1.00 p.m. and thereafter as and when called by the investigating officer.

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(iv) The applicant shall co-operate with the investigation for giving his voice sample.

(v) The applicant shall not tamper with the prosecution evidence. (vi) The applicant shall submit his Aadhar and PAN Cards to the investigating officer and detailed address and phone numbers of himself and two of the near relatives.

(vii) A single violation of the aforesaid conditions, would entitle the prosecution to seek cancellation of bail of the applicant on that ground.

(viii) With the aforesaid directions, the application is disposed of. (MEHROZ K. PATHAN, J.) fmp/-