Mumbai Court Grants Bail to Laxmishanker Chabinath Yadav Man Accused in Forged Birth Certificate Case

Mumbai, March 11, 2024 – Laxmishanker Chabinath Yadav has been granted bail by the City Civil and Sessions Court at Greater Bombay in connection with a case involving a forged birth certificate. The order, issued by Additional Sessions Judge N.P. Tribhuwan in Court Room No. 23, pertains to Criminal Bail Application No. 590 of 2024.

Yadav was arrested in connection with Crime No. 52/2024, registered at Pydhonie Police Station, for offenses under Sections 420 (cheating and dishonestly inducing delivery of property), 465 (forgery), 466 (forgery of record of court or public register), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), and 34 (acts done by several persons in furtherance of common intention) of1 the Indian Penal Code, and Section 66D of the Information Technology Act.

The case originated from a complaint filed by Police Head Constable Sachin Bhiku Malusre, who alleged that Aman Ramakant Tiwari had submitted a forged birth certificate to obtain a passport. The certificate was purportedly generated from a fake website. During the investigation, Tiwari implicated Rajesh Kumar Morya, who in turn implicated Shyam Sundar Yadav, who then implicated Laxmishanker Yadav.

Yadav, who runs a Seva-Kendra (service center) called Aryan Studio, allegedly provided the link to the fake website via WhatsApp. He was subsequently arrested.

In his bail application, Yadav, represented by Advocate Sandeep Dubey, argued that he was merely a victim of circumstances. He claimed that he had charged only ₹200 for preparing the birth certificate and that he would have charged more if he had known it was fake. He also stated that his shop was primarily used for money transfers and that he was unaware the link he received was not authentic.

The prosecution, represented by Additional Public Prosecutor Ranjana Budhwant, opposed the bail, arguing that Yadav’s mobile phone and SIM cards had been seized and that further investigation was needed to determine if he had created the fake website and if other co-accused were involved. They also expressed concerns that Yadav would destroy evidence and abscond if released on bail.

Judge Tribhuwan, after hearing arguments from both sides and reviewing the case documents, noted that the investigation had largely been completed and that the evidence was primarily electronic. He also considered that the offense was punishable by up to seven years in prison and that Yadav had no prior criminal record.

“Taking into consideration the facts of the case, nature of allegations and offences, it is desirable to release accused/applicant on bail on following conditions,” Judge Tribhuwan stated in his order.

The court granted bail to Yadav under the following conditions:

  • He must execute a Personal Bond of ₹15,000 and furnish one or more sureties of the same amount.
  • He is prohibited from tampering with prosecution witnesses.
  • He must cooperate with the investigation and be available for interrogation when required.
  • He is prohibited from misusing his liberty.
  • He must provide his detailed address and mobile number to the investigating officer and the court, and inform them of any changes.
  • Bail is to be executed before the learned trial court.

This decision reflects the court’s consideration of the specific circumstances of the case, including the progress of the investigation, the nature of the evidence, and Yadav’s personal circumstances. The imposition of conditions underscores the court’s commitment to ensuring Yadav’s cooperation with the ongoing investigation and trial.