Manish Dharnidhar Shah vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2026)

Manish Dharnidhar Shah vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted. In the event of arrest in Crime No. 297 of 2025 (Kashimira Police Station), applicant to be released on furnishing P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, subject to conditions: (c) attendance at the concerned police station as and when called by the investigating officer and cooperation in the investigation; (d) after filing of charge-sheet, attendance at the concerned police station once a month on the first Saturday between 11.00 a.m. and 2.00 p.m. till conclusion of trial; (e) the applicant shall not commit any other crime.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 297 of 2025 registered at Kashimira Police Station for offences punishable under Sections 318(4), 336(3), 338, 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, should be released on anticipatory bail.

Court's answer

Since co-accused Manubhai Patel and Vinubhai Rawani were already released on bail, the prosecution did not allege that their interrogation revealed the applicant's involvement in the crime, and there were no other criminal antecedents against the applicant, the court was inclined to release the applicant on anticipatory bail.

Ratio / Principle

In the event of arrest in connection with Crime No. 297 of 2025 registered at Kashimira Police Station, the applicant is to be released on bail on furnishing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount.

Detailed headnote1 paragraphs

Bombay High Court (N.R. Borkar, J.) allowed Anticipatory Bail Application No. 7 of 2026 filed by Vipulbhai Ramnikbhai Rakholiya, who apprehended arrest in Crime No. 297 of 2025 registered at Kashimira Police Station for offences punishable under Sections 318(4), 336(3), 338, 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising out of allegations of preparing false documents in relation to land owned by the first informant. Granting bail, the court observed that co-accused Manubhai Patel and Vinubhai Rawani were already released on bail, that it was not the prosecution's case that their interrogation revealed the applicant's involvement, and that there were no other criminal antecedents against the applicant. Release ordered in the event of arrest on a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, conditioned on attendance at the police station as and when called with cooperation in investigation; after charge-sheet, monthly attendance on the first Saturday between 11.00 a.m. and 2.00 p.m. till conclusion of trial; and abstention from committing any other crime.

934-aba-7-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 7 OF 2026

Vipulbhai Ramnikbhai Rakholiya …Applicant

V/s.

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 30 OF 2026

Mr. Bharatkumar N., a/w Adv. Vanita Tayde, Advocate for the Applicant.

Mr. S. V. Walve, APP for the Respondent/State.

Adv. Hasan Sayed i/b Adv. R. A. Shaikh, Adv. M. Khatkhatay, Advocate for the Intervener.

CORAM : N.R. BORKAR, J. DATE : 25.03.2026.

P.C. :

This is an application for Anticipatory Bail.

The applicant is apprehending his arrest in Crime No. 297 of 2025 registered at Kashimira Police Station, for the offences punishable under Sections 318(4), 336(3), 338, 340 and

3(5) of the Bharatiya Nyaya Sanhita, 2023.

The allegations against the present applicant and other

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co-accused are of preparing false documents in relation to land owned by the first informant.

I have heard the learned counsel for the applicant, the learned APP for the respondent-State and learned counsel for the first informant.

The learned counsel for the applicant submits that the applicant has nothing to do with the alleged forged power of attorney prepared by co-accused Manubhai Patel and Vinubhai Ravani. It is submitted that the applicant had agreed to purchase the land in question from the said co-accused believing the said power of attorney to be genuine. It is submitted that initially the notice under Section 179 of BNSS was issued to the applicant, pursuant to which he appeared before the investigating officer and explained the circumstances under which he agreed to purchase the land in question from co-accused. It is submitted that there is no need of custodial interrogation and the applicant is ready and willing to co-operate in the investigation.

On the other hand, the learned APP for the respondentState and the learned counsel for the first informant submit that Pramod S.Lakare

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the applicant is involved in serious crime of forgery. It is submitted that no consideration was paid to co-accused, which shows his involvement in the present crime.

The co-accused Manubhai Patel and Vinubhai Rawani are already released on bail. It is not the case of the prosecution that, during their interrogation, they revealed the involvement of the present applicant in the crime in question. There are no other criminal antecedents against the applicant. Considering the said facts, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicant in connection with Crime No. 297 of 2025 registered at Kashimira Police Station, for the offences punishable under Sections 318(4), 336(3), 338, 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two

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sureties in the like amount.

c) The applicant shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

d) The applicant after filing of the charge-sheet, shall attend the concerned police station once in a month i.e. on first Saturday between 11.00 a.m to 2.00 p.m till conclusion of the trial.

e) The applicant shall not commit any other crime.

[N.R.BORKAR, J.]

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