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Bombay High CourtABA/7/2026allowed

Vipulbhai Ramnikbhai Rakholiya v. The State Of Maharashtra

2026-03-25Hon'Ble Shri Justice N. R. Borkar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 7 OF 2026 Vipulbhai Ramnikbhai Rakholiya ...Applicant V/s.

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 30 OF 2026 Mr. Bharatkumar N., a/w Adv. Vanita Tayde, Advocate for the Applicant.

Mr. S. V. Walve, APP for the Respondent/State. Adv. Hasan Sayed i/b Adv. R. A. Shaikh, Adv. M. Khatkhatay, Advocate for the Intervener.

CORAM

:

N.R. BORKAR, J.

DATE :

25.03.2026.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending his arrest in Crime No. 297 of 2025 registered at Kashimira Police Station, for the offences punishable under Sections 318(4), 336(3), 338, 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The allegations against the present applicant and other 1/4

co-accused are of preparing false documents in relation to land owned by the first informant.

4.

I have heard the learned counsel for the applicant, the learned APP for the respondent-State and learned counsel for the first informant.

5.

The learned counsel for the applicant submits that the applicant has nothing to do with the alleged forged power of attorney prepared by co-accused Manubhai Patel and Vinubhai Ravani. It is submitted that the applicant had agreed to purchase the land in question from the said co-accused believing the said power of attorney to be genuine. It is submitted that initially the notice under Section 179 of BNSS was issued to the applicant, pursuant to which he appeared before the investigating officer and explained the circumstances under which he agreed to purchase the land in question from co-accused. It is submitted that there is no need of custodial interrogation and the applicant is ready and willing to co-operate in the investigation. 6.

On the other hand, the learned APP for the respondentState and the learned counsel for the first informant submit that 2/4

the applicant is involved in serious crime of forgery. It is submitted that no consideration was paid to co-accused, which shows his involvement in the present crime.

7.

The co-accused Manubhai Patel and Vinubhai Rawani are already released on bail. It is not the case of the prosecution that, during their interrogation, they revealed the involvement of the present applicant in the crime in question. There are no other criminal antecedents against the applicant. Considering the said facts, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicant in connection with Crime No. 297 of 2025 registered at Kashimira Police Station, for the offences punishable under Sections 318(4), 336(3), 338, 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two 3/4

sureties in the like amount.

c) The applicant shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

d) The applicant after filing of the charge-sheet, shall attend the concerned police station once in a month i.e. on first Saturday between 11.00 a.m to 2.00 p.m till conclusion of the trial.

e) The applicant shall not commit any other crime.

[N.R.BORKAR, J.] 4/4