Usha W/O Sanjay Ghatate v. State Of Maharashtra Thr Investigtion Officer, Nagpur Cyber Ps Dist. Nagpur
2026:BHC-NAG:6947 1 16) ABA 322-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 322 OF 2026 USHA W/O SANJAY GHATATE VS STATE OF MAHARASHTRA THR. INVESTIGATING OFFICER, NAGPUR CYBER POLICE STATION, DIST. NAGPUR Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri P.S.Dhenge, Advocate for applicant.
Shri N.R.Roade, APP for respondent/State.
CORAM: RAJNISH R. VYAS, J.
DATED : 05th MAY, 2026.
Apprehending arrest, the applicant has preferred this application in connection with First Information Report No. 24/2025, dated 12/03/2025, registered with Nagpur City Cyber Police Station, District Nagpur for the offences punishable under Section 66(C) of the Information Technology Act, 2000 and Sections 340(2), 340(1), 338, 336(3), 319(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.
2.
In short, it is the case of the prosecution that the applicant was working on the post of Headmistress and was responsible for creation of Shalarth ID, which was subsequently found to be on the basis of bogus document. The learned counsel for the applicant submits that since this Court has already protected the similarly circumstance persons, same benefits be applied to her.
3.
Per contra, the learned APP has opposed the application and contended that the applicant was the Headmistress and was responsible for forwarding the
2 16) ABA 322-2026.odt proposal of the employees/teachers, which she has not done diligently. According to him, the custodial interrogation of the applicant is necessary.
4.
With the assistance of the respective learned counsels, I have gone through the record of the case and have given thoughtful consideration to the arguments advanced. The applicant was the Headmistress of the Rohan Uccha Prathamik School and had forwarded the two proposals for appointment of the employees. The investigating agency has argued that those proposals were not found with the office of either the Education Officer or the Deputy Director of Education. Just because the proposals are not found in the Office of the Education Officer or the Deputy Director of Education, it cannot be said that the applicant had forwarded the bogus proposals. This Court while deciding the Criminal Application (ABA) No. 48/2026 along with the other connected matters on 20/04/2026 has dealt with the aforesaid aspect at length. In view of the parity involved and considering the fact that the applicant has no criminal antecedent, the following order is passed:-
ORDER
i) The Criminal Application (ABA) is allowed. ii) The order passed by this Court dated 23/04/2026, granting ad-interim anticipatory bail, is confirmed. iii) In the event of arrest, in connection with FIR/Crime No. 24/2025, dated 12/03/2025, registered with Police Station Nagpur City, District Nagpur for the offences
3 16) ABA 322-2026.odt punishable under Sections 66(C) of the Information Technology Act, 2000 and Sections 340(2), 340(1), 338, 336(3), 319(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, the applicant shall be released on bail on furnishing a P.R. bond of Rs. 55,000/- (Rupees Fifty Five Thousand Only) with one solvent surety in the like amount.
iv) The applicant shall attend the concerned Police Station on 11th and 12th May, 2026 between 03.00 p.m. to 06.00 p.m. and thereafter as and when called by the investigating officer.
v) The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses directly or indirectly. vi) The applicant shall not leave India without prior permission of the Court.
vii) Accordingly, the Application stands disposed of. (RAJNISH R. VYAS, J.) B.T.K.
Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 05/05/2026 19:37:10