Hemant S/O Vyankatrao Gaurkar vs State of Maharashtra Thr Investigation Officer, Nagpur Cyber Ps Dist. Nagpur

Office Notes, Office Memoranda of Coram,__________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Shri Akshay Naik, Senior Advocate h/f Shri P.S. Dhenge, Advocate for applicants.

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Shri N.R. Rode, AGP / APP for respondent/State.

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CORAM : RAJNISH R. VYAS, J. DATE : 20.04.2026.

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All these applications are under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for grant of anticipatory bail in connection with Crime No.24/2025 registered with Nagpur Cyber Police Station, Nagpur for the offences punishable under Sections 319(2), 318(2), 338, 336(3), 340(1), 340(2) of the Bhartiya Nyaya Sanhita, 2023 read with Section 66(c) of the Information Technology Act, 2000.

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The learned APP at the outset has produced a chart giving details of the applicants and their appointments so also the number of teachers whose fake ShalarthID was created. The said chart is taken on record and marked as “ X ” for identification. The same is reproduced as under:

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Criminal Applicatio n (ABA) No.	Applicant name	Name of the School where the Principal is appointed	Date of employments Principal at School	Number of teachers/n on- teaching staff working in school using fake Shalarth IDs	Total salary paid to date
48/2026	Swati Vijay Talmale	Vidya Vikas Higher Primary School Wathoda, Nagpur	01.07.2022	15	1,26,93,495/-

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50/2026	Sandhya Manohar Sable	Lokmanya Marathi School Gan Nagpur	Convent Primary dhinagar,	01.09.2020	08	1,00,50,648/-
57/2026	Swarnalata Vijay @ Dashrath Meshram	Phonex School Hiva Nagpur	Public ri Nagar,	07.01.2018	03	1,00,48,591/-
58/2026	Geeta Manohar Mate	Vidyavardhi Primary Shivangaon Sadhya Nagari Nan	ni School Nagpur Nirmal danvan	24.12.2018	09	1,44,54,023/-
72/2026	Jyotsna Dinesh Milmile	Gurukul Olympiad, Pardi, Nagp	Indian Punapur ur	06.11.2021	16	3,86,01,877/-
73/2026	Hemant Venkatrao Gaurkar	Internationa Convent High Prof. Nagpur	l Marathi School,	25.08.2021	17	5,12,17,859/-
86/2026	Atul Vasantrao Thambakar	Sant Ekna School Nagpur	th Prof. Dighori,	01.01.2019	09	2,94,50,964/-
87/2026	Kavita Damodar Zade	Pratibha Private Scho	Higher ol	01.07.2024	30	7,50,07,736/-
104/2026	Sweta Sandeep Mendhurwar (Sweta Jayant Purohit)	Manjusha Mar.P.S. Nagpur	Conv. Daram,	07.02.2024	21	2,94,50,964/-
124/2026	Vidya Sanjay Bhusari	Late Watkar Primary Hudkeshwa Nagpur	Shravanji Higher School, wr Road,	02.01.2022	14	1,59,75,548/-
142/2026	Nikhil Sheshrao Wankhede	Mahalaxmi Primary Anand Nagpur	Upper School, Nagar,	01.07.2020	12	4,45,91,938/-
143/2026	Satishkumar Bansidas Vaishnav	Jetwan Gaikwad Vocational Baba Buda Nagpur	Ulhas Higher School, ji Nagar,	25.02.2024	18	5,31,98,901/-
					172	38,47,42,544/- ₹

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All the applicants in the present applications are either headmaster/headmistress of the primary school.

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In short, it is the case of prosecution that the teaching and non-teaching staff were appointed contrary to the procedure i.e. in absence of issuance of advertisement, inviting candidates for interview etc. It is the case of APP that the appointments are through backdoor entry and without following the process prescribed. It is his further contention in order to oppose the anticipatory bail applications that the proposal for grant of approval is required to be forwarded by the head of school i.e. headmaster headmistress. The proposal is then put up before the Education Officer, who after considering the material available on record either points out the deficiency or grant the approval. Once the approval is granted to the appointment, then for creation of ShalarthID the proposal is required to be forwarded to the office of Education Officer and then to Deputy Director of Education. It is the Deputy Director of Education / Education Officer who after considering the relevant documents allots the ShalathID of respective teachers/non-teaching staff.

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According to the learned APP when the FIR was registered and the employees, officers of Education Department including Education Officer and Deputy Director

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of Education were arrested, it was found that most of the record regarding forwarding of proposal by the respective head of school was missing. He thus submitted that it is well planned conspiracy which requires thorough investigation.

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Per contra, the learned Senior Counsel Mr. Akshay Naik assisted by Mr. P.S. Dhenge has submitted that the applicants, who are the headmaster/headmistress of primary schools, have forwarded the approval to the office of Education Officer. Had there been any deficiency in the proposal forwarded either it would have been rejected or the respective schools /candidates would have been asked to remove the deficiency. According to him, since the services were approved, it logically follows that the applicants had forwarded all the relevant papers with the approval.

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He further submitted that services were approved and thereafter it was the office of Education Officer who had forwarded the proposal alongwith relevant documents to the office of Deputy Director of Education. The office of Deputy Director of Education had verified the documents and generated ShalarthIDs of respective candidates.

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In the aforesaid background, according to him, it is very difficult to believe that the applicants had participated in the commission of crime. He further submitted that all the applicants had attended the police station on various dates as per directions given by this Court while granting ad

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interim anticipatory order. He submitted that most of the applicants are ladies and their custodial interrogation is not at all required.

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According to the learned APP, the procedure for grant of Shalarth ID was governed by the Government Resolution dated 07.11.2012. He has tendered a copy of Government Resolution dated 07.11.2012 for perusal, which is taken on record and marked as “X1” for identification. If the Government Resolution is perused, it would reveal that the ShalarthID is required to be allotted to the teaching or nonteaching staff through the Shalarth Portal from the month of December 2012. According to the learned APP, the necessary information of concerned teaching and non-teaching staff is required to be filled by the concerned headmaster, if the school is private aided. In case of primary school, the responsibility of taking relavant entries was of the headmaster.

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The part of Government Resolution which is relied by the learned APP also shows that it was the responsibility of the Superintendent of Pay Unit to verify whether the information given is correct or not. The Government Resolution further shows that the Supervisory Officer/certifying officer was Education Officer (Primary) if it is a primary aided school. He thus submitted that presently no information is available on record to show that the incorrect details of the teaching and non-teaching staff

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was given by headmaster. In this background, he submits that since the information is not available, it can be presumed that the relevant papers and information was not given by the head of the school.

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It is in this background, I have heard the learned counsels for the respective parties. The criminal law was set in motion on the basis of information supplied by one Ravindra Dnyaneshwar Patil against the unknown persons, which resulted in registration of Crime No.24/2025 registered with Nagpur Cyber Police Station, Nagpur for commission of offences punishable under Sections 319(2), 318(2), 338, 336(3), 340(1), 340(2) of the Bhartiya Nyaya Sanhita, 2023 read with Section 66(c) of the Information Technology Act, 2000.

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In short, it is the case of the non-applicant/State that several complaints were received by the Deputy Director of Education regarding private aided schools, which were not even in existence. By forging the signature, fake appointment orders were made and on the basis of which, the salary was also obtained thereby huge loss caused to the Government. It was further stated that an enquiry committee was constituted on 23.08.2024, which was ultimately dissolved. It was stated in the First Information Report that by uploading the bogus documents, forging the signature of the then Education Officer and submitting backdated approval orders, the ShalarthIDs of teaching and non-

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teaching staff were created and finally, the salary was disbursed in favour of the persons who were not even entitled to be appointed on the post. With these allegations, which are given with necessary details in the First Information Report was lodged.

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The perusal of record shows that the entire case is based upon documentary evidence.

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So far as present applicants are concerned, who are the head of respective schools i.e. the headmasters/headmistress. Nothing has been brought on record to show that signatures were forged by these applicants or some bogus documents or backdated approvals were submitted for obtaining the ShalarthIDs. On the contrary, the learned APP by relying upon Government Resolution dated 07.11.2012 has brought to my notice that it was the responsibility of the Superintendent of the Pay Unit to verify whether the information supplied was correct or not. The final authority to certify the bills was the Education Officer (Primary). Non-availability of the documents either in the office of Education Officer or Deputy Director of Education or on the Shalarth Portal, which are submitted by the present applicants while obtaining approval prima facie, would not be a ground enough to presume that bogus documents or the false information was supplied by the applicants.

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This Court has protected the applicants by way of interim orders and they have attended the police station. The investigating officer of the crime is present in the Court today and he has categorically stated that the charge-sheet and supplementary charge-sheet is filed against the principal accused.

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Since the applicants have already attended the police station and it is not even a case of the investigating officer that they have not cooperated with the investigating agency, so also considering the fact that there is nothing to show that the present applicants have forwarded any incorrect or forged documents, I am inclined to pass the following order:

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ORDER

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(i) The applications are allowed and disposed of.

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(ii) In the event of arrest in connection with Crime No.24/2025 registered with Nagpur Cyber Police Station, Nagpur for the offences punishable under Sections 319(2), 318(2), 338, 336(3), 340(1), 340(2) of the Bhartiya Nyaya Sanhita, 2023 read with Section 66(c) of the Information Technology Act, 2000, applicants – (1) Swati Vijay Talmale, (2) Sandhya Manohar Sable, (3) Swarnalata Vijay @ Dashrath Meshram, (4) Geeta Manohar Matte, (5) Jyotsna Dinesh Milmile, (6) Hemant Vyankatrao Gaurkar, (7) Atul Vasantrao Thambekar, (8) Kavita Damodar Zade, (9) Sweta Sandeep Mendhurwar (Sweta Jayant Purohit), (10) Akash Gulabrao Dharne, (11) Vidya Sanjay Bhusari, (12) Nikhil

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Sheshrao Wankhede and (13) Satishkumar Banshidas Vaishnav, shall be released on bail on furnishing a PR bond of 55,000/- [Rupees Fifty Five Thousand only] each with₹ one solvent surety each in the like amount.

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(iii) The applicant in ABA 48/2026 shall attend the concerned Police Station on 24^th April 2026, applicant in ABA 50/2026 shall attend the concerned Police Station on 25^th April 2026, applicant in ABA 57/2026 shall attend the concerned Police Station on 26^th April 2026, applicant in ABA 58/2026 shall attend the concerned Police Station on 27^th April 2026, applicant in ABA 72/2026 shall attend the concerned Police Station on 28^th April 2026, applicant in ABA 73/2026 shall attend the concerned Police Station on 29^th April 2026, applicant in ABA 86/2026 shall attend the concerned Police Station on 30^th April 2026, applicant in ABA 87/2026 shall attend the concerned Police Station on 1^st May 2026, applicants in ABA 104/2026 shall attend the concerned Police Station on 2^nd May 2026, applicant in ABA 124/2026 shall attend the concerned Police Station on 3^rd May 2026, applicant in ABA 142/2026 shall attend the concerned Police Station on 4^th May 2026 and applicant in ABA 143/2026 shall attend the concerned Police Station on 5^th May 2026 between 03.00 pm to 06.00 pm. Thereafter, all the applicants shall attend the concerned police station as and directed by the investigating officer.

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(iv) The applicants shall cooperate with the investigating agency and shall not tamper with the prosecution evidence

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or influence the witnesses directly or indirectly.

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(v) The applicants shall not leave India without prior permission of this Court.

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(Rajnish R. Vyas, J.)

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Wagh

Hemant S/O Vyankatrao Gaurkar v. State of Maharashtra Thr Investigation Officer, Nagpur Cyber Ps Dist. Nagpur

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Hemant S/O Vyankatrao Gaurkar v. State of Maharashtra Thr Investigation Officer, Nagpur Cyber Ps Dist. Nagpur

Case brief

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