Atul Bhujangrao Kshirsagar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.674 OF 2026 Atul Bhujangrao Kshirsagar ... Applicant Vs.

The State of Maharashtra ... Respondent ----- Mr. Akshay Bankapur for the Applicant.

Mr. B. V. Holambe Patil, APP for the Respondent-State. ----- CORAM :

N.R. BORKAR, J.

DATE :

31ST MARCH 2026 P.C. :

1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.12 of 2026 registered with Mumbai Naka Police Station for the offences punishable under Sections 12, 7(a) of the Prevention of Corruption Act, 1988. 3.

It is the case of the prosecution that co-accused Dattatray Gode, working as a PSI, Mumbai Naka Police Station, was the investigating officer in C. R. No.325 of 2025 registered against the complainant in the present crime for the offences punishable under Sections 316(2), 318(4), 336(2)(3)(4), 338, 340(2) of the Bharatiya Nyaya Sanhita, 2023. It is alleged that the said co-accused had demanded the bribe of Rs.2,00,000/- through co-accused Ramesh Ahire and Kalpesh Ahire to help the complainant in securing anticipatory bail application in a pending criminal case. The allegations against the present Applicant, who is also working as a Police Sub Inspector, are that he facilitated transaction by enabling

2 23-ABA 674-26.doc communication between the complainant and co-accused PSI Gode over phone. Accordingly, the present crime came to be registered. 4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

5.

Learned Counsel for the Applicant submits that the Sessions Court has granted anticipatory bail to co-accused Dattatray Gode, to whom the alleged demand is attributed. It is submitted that the Applicant has nothing to do with the alleged crime. It is submitted that there is no need of custodial interrogation and the Applicant is ready and willing to cooperate in the investigation.

6.

On the other hand, Learned APP for the Respondent-State has drawn my attention to the transcription of conversation between coaccused Dattatray Gode and the present Applicant. It is submitted that the Applicant is also involved in the alleged crime. It is submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail.

7.

The fact that the Sessions Court has released the co-accused Dattatray Gode on anticipatory bail is not disputed. The alleged demand is not attributed to the present Applicant. In that view of the matter, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

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ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.12 of 2026 registered with Mumbai Naka Police Station for the offences punishable under Sections 12, 7(a) of the Prevention of Corruption Act, 1988, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned Police Station as and when called by the investigating officer and shall co-operate in the investigation.

8.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)