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Bombay High CourtABA/49/2026allowed

Mahesh S/O Kedarmal Sharma v. State Of Maharashtra Thr Pso., Ps City Kotwali, Akola

2026-03-07Hon'Ble Shri Justice M. W. Chandwani5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.49 OF 2026 Gorakh Shankar Kasabe ...Applicant

Versus

The State of Maharashtra

...Respondent

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2026.01.16 20:46:52 +0530 ARJUN VITTHAL KUDHEKAR Mr. Sachin Gite, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

16 JANUARY 2026 PC:- 1.

Heard Mr. Gite, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP for the Respondent-State of Maharashtra.

2.

By the present Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with CR No.173 of 2025 registered on 29th October 2025 with the Nashik Taluka Police Station, Nashik Rural, for the offence punishable under Section 179 of the Bharatiya Nyaya Sanhita, 2023.

3.

As per the prosecution case, the Applicant has deposited 12 fake currency notes of Rs.500/- in the CDM machine of HDFC Bank, Nashik.

4.

It is the submission of Mr. Gite, learned Counsel for the Applicant that the Applicant is a businessman and that he has received the said currency notes during the course of his business transactions. He submits that the Applicant regularly deposits cash in HDFC Bank, Nashik Branch. He further submits that, in fact, the Applicant deposited cash in the said bank even after the incident in question. He also submits that there are no criminal antecedents against the Applicant and that the Applicant will cooperate with the investigation.

5.

On the other hand, Ms. Yadav, learned APP for the Respondent-State, strongly opposes the Anticipatory Bail Application. She submits that the offence is very serious as it concerns fake currency notes.

6.

Even perusal of the record FIR shows that the total amount deposited by the Applicant on 6th September 2025 was

Rs.11,000/-, out of which 12 fake currency notes of Rs.500/- were found.

7.

Although the offence is very serious and there is prima facie material against the Applicant, it is the submission of learned Counsel for the Applicant that the Applicant is a businessman and having a Cloth Shop and regularly receives cash while conducting his business and regularly deposits cash received from the customers in HDFC Bank, Nashik. To support the said contention, the Applicant has relied on a Shop Act License dated 10th August 2024 pertaining to a 'Cloth Shop'.

8.

As Mr. Gite, learned Counsel for the Applicant has submitted that the Applicant will cooperate with the investigation and as there are no other antecedents, case is made out for grant of anticipatory bail.

9.

In view thereof, the following Order is passed:

O R D E R

(a) In the event of arrest of the Applicant - Gorakh Shankar Kasabe, in connection with CR No.173 of

2025 registered with the Nashik Taluka Police Station, Nashik Rural, he be released on bail on his furnishing PR Bond in the sum of Rs.1,00,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police Station on 22nd January 2026 and 23rd January 2026 between 11:00 am to 02:00 pm and thereafter as and when called by the Investigating Officer till filing of the Charge-sheet and shall cooperate with the investigation.

(c) The Applicant shall furnish his 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.

10.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]