Ankit S/O Arun Kudawale v. State Of Maharashtra Thr Pso., Ps Koradi, Nagpur(City), Tq. And Dist. Nagpur And ANR

2026:BHC-NAG:6767

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [B.A.] NO. 328 OF 2026 Ankit s/o Arun Kudawale -- VERSUS -- State of Maharashtra and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Akshay Naik, Senior Advocate, a/b. Mr. G.B. Mate, Advocate for the Applicant.

Ms. M.H. Deshmukh, A.P.P. for the Non-applicant/State. CORAM :

M.M. NERLIKAR, J.

DATE :

APRIL 30, 2026.

Heard.

2.

The present application is filed seeking regular bail in Crime No.139/2025 for the offences punishable under Sections 316(5), 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, (BNS) 2023, registered with Police Station Koradi, District Nagpur.

3.

The First Information has been registered against the present applicant alleging misappropriation of funds of Rs.35,80,616/- of Gram Panchayat by printing fake tax receipts and collecting amount from the public at large.

4.

The learned counsel for the applicant submits that, this Court, by order dated 28/01/2026,

in Criminal Application [B.A.] No.1422/2025, granted bail to one, Mukesh s/o Ramesh Bidhane. He submits that the present applicant is also similarly situated, however, the amount of misappropriation alleged against the applicant is approximately Rs.35 Lakhs. He further submits that so far as the main accused, namely, Prakash Jatgade, who has printed receipt is concerned, he has been released on bail by the trial Court. Under such circumstances, he submits that the applicant be released on bail.

5.

On the other hand, the learned A.P.P.

vehemently opposes the application and submits that, the applicant is involved in misappropriation of huge amount. The applicant in Criminal Application No.1422/2025 was having allegations only to the extent of Rs.56,845/-, however, so far as the present applicant is concerned, he is involved in misappropriation of more than Rs.35 Lakh, and therefore, this fact shall be taken into consideration and the application be rejected.

6.

I have considered the rival submissions.

This Court, by a reasoned order dated 28/01/2026, has released the applicant Mukesh s/o Ramesh Bidhane on bail. So far as the present applicant is concerned, the observations recorded in the order dated 28/01/2026 would also be applicable to the present applicant. It is further to be noted that the

main accused-Prakash is already released on bail by the trial Court. In this view of the matter as the investigation is over, and charge-sheet is filed, I am inclined to grant bail by imposing stringent conditions. Hence, the following order:-

O R D E R

(i) The Criminal Application is allowed;

(ii) The applicant/accused (Ankit s/o Arun Kudawale) be released on regular bail in connection with Crime No.139/2025 for the offences punishable under Sections 316(5), 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, (BNS) 2023, registered with Police Station Koradi, District Nagpur, on his furnishing a P.R. bond of Rs.50,000/- (Fifty Thousand Rupees) with two solvent sureties in the like amount;

(iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence;

(iv) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his

place of residence without prior intimation to the Investigating Agency;

(v) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial.

(viii) Pending Misc. Application(s), if any, also stand disposed of.

[ M.M. NERLIKAR, J ] Piyush Mahajan