Cri. Bail Appl. No.1377 of 2022 (Or Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application. No.1377 of 2022
CNR No.MHNS010057492022
Pooja Balasaheb Gaidhani
Age : 22 years, Occu.: Service
R/o : At­post : Palase, Dist. Nashiik
At present – Jalgaon Police Head
Quarters, Jalgaon, Dist. Jalgaon.

… Applicant/accused.

V/S
State of Maharashtra
Through – Nashik Taluka Police Station
(C. R. No.151 of 2022)
… Respondent/State.

Appearance : Ld. Adv. Shri. M. D. Bhanose for Applicant/Accused.
Ld. A.P.P. Smt. B. N. Petkar for the Respondent/State.
Smt. S. G. Ahirrao, P.I. (I.O.), Nashik Taluka Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 28th November, 2022)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of anticipatory bail in connection with C.R. No.I­
151 of 2022 registered with the Respondent/Nashik Taluka Police Station
under Sections 420, 468, 471, and 467 r/w 34 of the Indian Penal Code.
2.

Read the application and say filed at Exh.6 by the respondent.

Heard. Ld. Advocate for applicant, Ld. A.P.P. for respondent and the I.O.
Perused the police­papers produced for inspection by the I.O.

Cri. Bail Appl. No.1377 of 2022 (Or Exh.1)
2
3.

Perusal of F.I.R. reflects that, there was a vacancy in the
Police Department at Nashik (Rural). The applicant, who is posted at
Jalgaon in the Police Department had applied for inter­district transfer as
per the Government notification by annexing the medical certificates of her
relative. The accused No.1, who was the Clerk in the office of
Superintendent of Police (Rural), Nashik without verifying the documents,
placed the proposal to be proper before the committee. It revealed that, the
accused No.1 had forged some documents filed by the applicant and other
aspirants for transfer. It is also alleged that, the doctors of Civil Hospital,
Nashik as well as the staff of Civil Hospital, Nashik were involved in
issuing false medical certificates.
4.

It is the case of the applicant that, she is falsely implicated.

Nothing is to be recovered or discovered at her instance. Ready to abide by
the terms and conditions likely to be impose by the Court. Custodial
interrogation of the applicant is not necessary. All the documents are with
the I.O. The investigation revolves around the documents. Therefore,
prayed to allow the application.
5.

The grounds of objection are that, investigation is in progress,
the source as to how the certificates are obtained is to be investigated,
whether the relative of the applicant was really suffering from the diseases
mentioned in the certificate, whether the certificate was used any where
else. Investigation as to how much amount was given to accused No.2
Kantilal is required to be investigated. The applicant may tamper with the
prosecution evidence. Therefore, prayed to reject the application.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that, the main allegation in the F.I.R. is as
Cri. Bail Appl. No.1377 of 2022 (Or Exh.1)
3
against the accused No.1, who was the Clerk at the office of Superintendent
of Police, Nashik (Rural), who put­up the proposal as legal and proper
before the committee and she also forged the documents before placing the
proposal before the committee. In the F.I.R., the name of applicant No.1,
doctors of Civil Hospital, Nashik and the staff of Civil Hospital, Nashik are
mentioned. The name of applicant is there in the F.I.R., but as a applicant
for the transfer from Jalgaon to Nashik (Rural). There is no allegation in the
F.I.R. against the applicant.
7.

In this back­drop, if we consider the case in hand, it seems
that, during the investigation, it revealed to the I.O. that accused No.1
guided the applicant and other aspirants for transfer to approach the staff of
Civil Hospital, Nashik. It is alleged that, the applicant in collusion with the
staff of Civil Hospital, Nashik obtained false medical certificate for getting
her transfer to Nashik (Rural). The role of applicant as per the allegations,
which developed during the investigation is that, she by paying amount to
the staff and doctors of Civil Hospital obtained the false medical certificate
of her relative. This is the only allegation against the applicant.
8.

This Court has granted interim protection to the applicant.

Applicant attended the respondent Police Station before the I.O. and co­
operated in the investigation and it is evident from the police­papers
produced for inspection. The investigation revolves around the documents
and all the documents are seized by the I.O. in the investigation. Nothing is
to be recovered or discovered at the instance of the applicant. The applicant
was issued notice under Section 160 of Cr. P.C., which provides for
requiring attendance of witnesses. Therefore, what can be gathered is that,
the applicant from the initial stage of investigation was the witness, but
later on added as accused. The grounds mentioned in the say do not appeal
Cri. Bail Appl. No.1377 of 2022 (Or Exh.1)
4
to this Court. Custodial interrogation of the applicant is not necessary. At
the most, if the allegation against the applicant presumed to be proper at
this stage, it will amount to cheating the Government, which is not
punishable for life or death. This Court finds that, the apprehension of the
respondent is not proper because applicant is also a Police and how can she
tamper with the prosecution evidence, when all the documents are with the
I.O. Moreover, main accused in all three in numbers are released on regular
bail by this Court. Therefore, this Court finds that, the interim protection
granted by this Court is required to be made absolute. In the result, the
following order.
ORDER
1.

Criminal Bail Application No.1377 of 2022 is allowed.

2.

In the event of arrest, Applicant Pooja Balasaheb Gaidhani be
released on bail on her executing a personal bond of Rs.15,000/­
with solvent surety in like amount to the satisfaction of the I.O
in connection C.R. No.I­151 of 2022 registered Respondent/Nashik
Taluka Police Station under Sections 420, 468, 471 and 467 r/w 34
of the Indian Penal Code.

3.

Applicant to remain present before the I.O. at the respondent Nashik
Taluka Police Station on 01.12.2022 between 11.00 a.m. to 01.00
p.m. and co­operate the I.O. in the investigation and thereafter as and
when the I.O. calls under prior written intimation.

4.

Applicant not to repeat the same offence in future.

5.

Inform the order to the I.O. and the Ld. J.M.F.C. Court.

6.

In above terms, the Criminal Bail Application No.1377 of 2022
stands disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 28/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.29
13:00:36 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.