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Cri.B.A.No.1291/2022
Order below Exh.01 in Cri.B.A.No.1291/2022
CNR No.MHNS010054362022
(Prashant Gulabrao Patil vs. State)
The
applicant
has preferred this
application
for
anticipatory bail praying therein that he may be released on bail in
the event of arrest in connection with CR.No.I­302/2022 registered
with Bhadrakali police station for the offence punishable under
Sec.420, 465, 468, 471 of IPC, on the basis of FIR lodged by Sau.
Sunanda Suresh Wagh.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That he
never acquainted with informant or Y.D.Bytco Girls High School
Education society. He has never accepted any amount. He has co­
operated in the investigation. That he has never prepared any bogus
document. His wife is 8 months pregnant. He will not pressurize
witnesses. There are no criminal antecedents against him. He is
ready to abide by terms and conditions imposed by the court. On
these main grounds and others have prayed for bail.
3.

Notice was issued to State. State appeared through Ld.

APP Smt.Sangle and filed say resisting for grant of application on
the grounds that it is transpired that accused has prepared bogus
order by accepting amount from accused Sunita Shivaji Aher.
Custodial interrogation with accused is necessary. Investigation is to
be done with respect to the fact that whether previously also the
accused has prepared bogus orders and whether he has purchased
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Cri.B.A.No.1291/2022
any movable or immovable property from the amount accepted by
Sunita Shivaji Aher. On these main grounds and others have prayed
for rejection of the bail application.
4.

Heard Ld. Advocate Mr.Sharma for applicant. Perused
bail application. Heard Ld. APP Smt.Sangle. Perused police papers
and say filed by Bhadrakali police station.

5.

On perusal of FIR, it states that Sunita Aher is teacher
with Y.D.Bytco Girls High School and Junior College since 1.7.2017.
The Principal of this college had sent proposal on 11.01.2021 about
continuation of service of Sunita Aher to the Deputy Director,
Education department, Nashik. On 9.5.2022 Sunita Aher produced
one letter signed by Deputy Director, Education department. This
letter was dated 30.5.2021. However, order was not received by the
school. Doubt arose in the mind that the signature of Mr.Upasani is
forged. The informant further sent copy of this letter to their
Chairman
Shri.Prakash
Vaishampayan.

He
contacted
with
Mr.Upasani who replied that signature does not belong to him.
Accordingly, letter was written to the office of Deputy Director and
vide reply dated 27.05.2022, it was informed to the Education
Institute that the signature does not belong to Mr.Upasani.
Accordingly, inquiry was initiated by the office bearers of Deputy
Director of Education, Nashik. At that time, Smt.Sunita Aher
revealed that she has paid Rs.12 lacs to Prashant Gulabrao Patil
[present applicant] who in turn has issued this forged letter.
6.

The investigation further reveals that involvement of the
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Cri.B.A.No.1291/2022
applicant in the crime. Allegations faced by him are that he took
Rs.12 lacs from Smt.Sunita Aher to issue forged order signed by
Mr.Upasani. There is prima facie case against the present applicant
for having forged document. The record shows that Investigating
officer issued notice under Sec.41(1) of Cr.P.C. on 7.10.2022
requiring the applicant to be present before him on 10.10.2022.
This fact can also be gathered from the contentions in the bail
application. According to Investigating Officer, the applicant did
appear before him, but on the pretext that his wife is pregnant, left
the police station with the assurance that he will again come back,
but thereafter, has not attended the police station and filed this
anticipatory bail application. Thus, the conduct of the applicant
shows that he is not ready to co­operate with investigation
machinery. Hence, considering prima facie case, necessity of
custodial interrogation and conduct of the applicant, discretion in
nature of anticipatory bail cannot be exercised in favour of the
applicant. Hence, I proceed to pass following order :
ORDER
(1). Application stands rejected.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 02.11.2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.02
17:08:49 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.