Mohan S/O Dnyaneshwar Karambe v. The State Of Maharashtra Thr Pso., Pamchgaon, Nagpur Rural

2026:BHC-NAG:6408

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 278 OF 2026 Mohan s/o Dnyaneshwar Karambe Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Anil Mardikar, Senior Advocate assisted by Shri V.R. Deshpande, Advocate for applicant.

Shri A.M. Ghogare, APP for respondent.

CORAM : RAJNISH R. VYAS, J.

DATE : 24.04.2026.

1.

Apprehending arrest, the applicant has preferred this application for anticipatory bail in connection with Crime No.9/2026, registered with Police Station Pachgaon, Nagpur Rural, for offences punishable under Sections 318(4), 338, 336(3), 340(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant is original accused no.2 in the First Information Report.

2.

Reporter is one Gopika Kodape, Police Inspector attached to the Police Vigilance Cell, Scheduled Tribe Certificate Scrutiny Committee, Nagpur. In short, it is alleged in the FIR that for giving admission to the candidates belonging to the Schedule Tribe category, the forged tribe certificates were prepared by the applicant and others and the said documents were uploaded. It is further alleged that for doing the same, various amounts were accepted by the applicant and the accused. It is further alleged in the FIR that present applicant was working on the post of Assistant

professor with Govidrao Wanjari College of Engineering and Technology, Hudkeshwar, Nagpur had also assisted in preparing the bogus caste validity certificates. It is in this background, initially an enquiry was conducted by the Caste Scrutiny Committee during which the statement of the applicant and other persons were recorded. It was alleged in the FIR that applicant has stated in his statement recorded before the Committee that he had taken help of Nandu Dudhpachare and Ganesh Shende.

3.

The learned Senior Counsel Shri Anil Mardikar assisted by Shri V.R. Deshpande, has contended that the present applicant is not at all involved in commission of the crime and it is at the request of the student, the documents were uploaded since the electronic gadget which the student was carrying was not in a working condition at that time. He submitted that it is from his bank account, in order to help the student, the charges of 201, 1001 and 500 were paid to the authority. He thus submitted that there was absolutely no need for him to commit the crime. It was thus contended that he had acted in a bonafide manner and his statement is already recorded during the course of enquiry. According to the Senior Counsel, the applicant attended the police station as per directions given by this Court on 15.04.2026 and cooperated with the investigating agency. He further argued that the applicant has no criminal antecedents and was working on the post of Assistant Professor, at the relevant time and now he has been terminated, thus, the applicant

has no access to the record. He thus prayed for allowing the application.

4.

Per contra, the learned APP submitted that applicant in enquiry conducted by the Committee has admitted that he has taken the help of Nandu Dudhpachare, which shows prima facie involvement. The learned APP has submitted that the role of the present applicant is clear and he has received total amount of 1702/- which clearly shows his involvement. He further submitted that custodial interrogation is required.

5.

With the help of the respective counsels, I have gone through the record of the case. The applicant was protected by the Sessions Court by way of interim order dated 04.04.2026 and by this Court on 15.04.2026 with the direction to attend the police station. It is not disputed by the learned APP that the applicant has attended the police station and cooperated with the investigating agency. The amount received by the applicant is just 1702/-, which prima facie shows support the stand taken by the applicant that as the electronic device of the student was not functioning, the said amount was paid from his account. As the statement of the applicant is already recorded during the course of enquiry and he has coopered with the investigating agency, I am inclined to allow the present application. Accordingly, the following order is passed:

ORDER

(i) The application is allowed and disposed of.

(ii) In the event of arrest in connection with Crime No.9/2026, registered with Police Station Pachgaon, Nagpur Rural, for offences punishable under Sections 318(4), 338, 336(3), 340(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, applicant - Mohan s/o Dnyaneshwar Karambe shall be released on bail on furnishing a PR bond of 25,000/- [Rupees Twenty Five Thousand only] with one solvent surety in the like amount.

(iii) The applicant shall attend the concerned Police Station on 3rd May 2026 and thereafter as and when called by the investigating officer, till filing of the charge-sheet. (iv) The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses directly or indirectly. (v) The applicant shall not leave India without prior permission of this Court.

(Rajnish R. Vyas, J.) Wagh