Cri. Bail Appln. No.579 of 2022 (Or. Exh.1)
1
IN THE OURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.579 of 2022
CNR No.MHNS010023252022
Chotiram Sitaram Bahure
Age : 21 Years, Occu.: Education
R/o : At ­ Biblyachiwadi,
Post ­ Khodegaon,
Tal. And Dist. Nashik.

… Applicant/Accused No.3.

V/S
State of Maharashtra
Through – P.I. Indira Nagar
Police Station (CR No.I­22/2022)
… Respondent/State.

Appearance :
Ld. Adv. Shri. R. D. Avhad for Applicant/Accused No.3.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
ORDER BELOW EXH. No.1
(Delivered on 07th June, 2022)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of pre­arrest bail in C.R. No.I­22/2022
registered with the respondent/Indira Nagar Police Station for an
offence punishable under 420 and 419 r/w 34 of the Indian Penal Code.
2.

Perusal of the F.I.R. reflects that on 09.02.2022 there was a
examination conducted for the post of Clerks by Nashik Gruh Nirman &
Kshetra Vikas Mandal. The said examination was On­line. The
candidates were allowed to assemble in the College premises and on
Cri. Bail Appln. No.579 of 2022 (Or. Exh.1)
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suspicion, the metal detector test was carried­out and it was found that
the accused No.1 Dnyaneshwar Shrimant Dighole was having some
electronic devices in his possession and also original Aadhar Card of the
applicant/accused No.3 was also found in possession. Accused No.2 was
also found with the some electronic devices. The accused No.1 had
come as a dummy candidate for the applicant and accordingly a report
came to be made to the Police by the head of the examination center.
3.

It is the case of the applicant that, he is falsely implicated in
this case. Investigation is over. Recovery is made from accused Nos.1
and 2. Nothing is to be recovered or discovered at the instance of the
applicant/accused No.3. Applicant is ready to co­operate the I.O. in the
investigation. Custodial interrogation is not necessary. Therefore,
prayed to allow the application on any terms.
4.

Respondent filed their say vide Exh.5 and strongly objected
on the ground that, they wish to interrogate the applicant/accused
No.3. Applicant/Accused No.3 was candidate and in his place accused
No.1 was found in the College premises alongwith electronic devices
and original Aadhar Card of applicant/accused No.3. Applicant/Accused
No.3 did not give the examination and he was absent. There is an
involvement of racket and for that custodial interrogation is necessary.
Therefore, prayed to reject the application.
5.

Heard Ld. Advocate for applicant/accused No.3 and Ld.

A.P.P. for State. Gone through the copy of Charge­sheet produced for
inspection by Ld. Advocate for applicant/accused No.3.
6.

Upon hearing and going through the material placed on
record, the allegations are that accused No.1 was found to be a dummy
Cri. Bail Appln. No.579 of 2022 (Or. Exh.1)
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candidate of accused/applicant No.3 and in possession of the original
Aadhar Card of accused/applicant No.3. Ld. Advocate submitted that
the hall ticket was having the photo of accused/applicant No.3, but the
fact is that the accused/applicant No.3 did not attend the examination
rather remained absent. And the electronic devices and original Aadhar
Card of accused/applicant No.3 was found in possession of accused
No.1. Though nothing is to be recovered or discovered at the instance of
the applicant/accused No.3, but the Police requires to interrogate
whether there is a racket of providing dummy candidates and what
amount was agreed between the accused No.1 and accused No.3 for
such an act is to be interrogated. Therefore, this Court finds that
custodial interrogation of the applicant/accused No.3 with the Police is
necessary. In the result, the application fails. Hence, the order.
ORDER
Criminal Bail Application No.579 of 2022
stands rejected and disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 07/06/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.06.07
18:18:45 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.