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Bombay High CourtABA/66/2026disposedoff

Iliyas Ahamad Riyaz Ahamad v. State Of Maharashtra Thr Po, Khamgaon City, Tq. Khamgaon, Dist. Buldhana

2026-04-21Hon'Ble Shri Justice Rajnish R. Vyas3 pages

2026:BHC-NAG:6162 1 16 ABA 66.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [ABA] NO.66 OF 2026 [Iliyas Ahamad Riyaz Ahamad .vs. State of Maharashtra, Through its Police Station, Khamgaon City, Tq. Khamgaon, Dist. Buldhana] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Mohan N. Agrawal, Advocate h/f Mr. S.V. Sirpurkar, Advocate for Applicant. Ms. M.R. Kavimandan, APP for Respondent.

............

CORAM : RAJNISH R. VYAS, J.

DATE : APRIL 21, 2026.

1.

Apprehending arrest, the applicant/accused no.1 in First Information Report No.0515/2025, dated 12.12.2025 came to be registered with Police Station, Khamgaon, District-Buldhana for the commission of offence punishable under Sections 420, 471 r/w 34 of the Indian Penal Code, has approached this Court. 2.

In short, the informant, Shahin Parveen has alleged that her marriage was performed with the applicant and that she was subjected to continuous harassment and ill-treatment. She has also lodged a complaint on the basis of which offences punishable under Sections 420, 471 r/w 34 of the Indian Penal Code was registered against the applicant and others vide Crime No.605/2023, dated 8.11.2023. 3.

In the present FIR, it is the case of the informant that on 25.8.2021 prior to her marriage, an agreement was entered into between the applicant and the informant which was executed on a stamp paper of Rs.100/-. The agreement was regarding acceptance of an amount of Rs.5,00,000/- by the applicant from the informant. According to the First Information Report, the said stamp papers worth Rs.200/- were purchased from the stamp vendor, who is accused no.2. She further contended that on the basis of information obtained

2 16 ABA 66.26.odt under the Right to Information Act, she came to know that, in fact, both stamp papers were not purchased by the applicant, but were purchased by Uday Mohite and Prakash Parkhede. It is, on the basis of aforesaid the allegation that the informant has alleged that a false agreement was entered into.

4.

The learned counsel for the applicant has submitted that the marriage between the applicant and informant was solemnized on 6.9.2021. The first complaint was lodged in the year 2023 on the basis of FIR No.605/2023 was registered. The subject matter of the present first information report is the agreement which was executed on 25.8.2021. He thus submitted that in the FIR No.605/2023 the applicant could have narrated the incident. According to him, this entire case is based on documentary evidence and, therefore, his custodial interrogation is not required. He invited my attention to the order passed by this court on 2.2.2026 granting ad-interim anticipatory bail to the applicant with a direction to attend the Police Station which he has attended.

5.

Per contra, the learned APP has submitted that a systematic plan was hatched and the documents were fabricated. 6.

The learned counsel for the applicant has contended that the legal proceeding against the applicant are increasing day by day and two more first information reports have been lodged against the applicant.

7.

The respective counsels fairly submit that in another two first information reports the applicant has been granted the bail. He thus prayed for rejection of the application. 8.

With the assistance of the respective counsels, I have gone through the record of the case. The marriage of the applicant and informant was solemnized in the year 2021 and the applicant apart from this first information report is also shown as accused in FIR No.605/2023 registered under Sections 406, 420, 498-A of the Indian

3 16 ABA 66.26.odt Penal Code. So far as the allegations that the applicant had purchased two stamp papers on which the agreement dated 25.8.2021 was entered into, which was in the name of different person, suffice it to say that by itself, may not attract the ingredients of the offences registered. Since the case is based upon the documentary evidence and the applicant has attended the Police Station which fact is not disputed by the learned APP, I am inclined to pass the following order :

O R D E R

(i) In the event of arrest, in connection with Crime No.0515/2025 registered with the Khamgaon Police Station, DistrictBuldhana for the offences punishable under Sections 420, 471 r/w 34 of the Indian Penal Code, the applicant be released on bail on furnishing a P.R. Bond of Rs.25,000/- (Rupees-Twenty Five Thousand only) with one solvent surety in the like amount. (ii) The applicant shall attend the concerned Police Station as and when required by the Investigating Officer. (iii) The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses.

(iv) The applicant shall not leave India without prior permission of this court.

(v) Application stands disposed of.

(RAJNISH R. VYAS, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 21/04/2026 19:39:09