IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 787 OF 2025 Sachin Prakash Bhadre VERSUS The State of Maharashtra and Another Mr. V. S. Dhotare, Advocate for Applicant Mr. S. B. Narwade, APP for Respondent-State CORAM : R. M. JOSHI, J. DATE : 11th August, 2026 PER COURT :- 1. The present applicant seeks pre-arrest bail in connection with First Information Report No. 61/2025 dated 05/04/2025 registered with Kondalwadi Police Station, District Nanded for the offences punishable under sections 420, 465, 467, 468, 471 read with 34 of Indian Penal Code. 2. It's the case of the prosecution that the present proceedings arise out of a complaint filed by RTI Activist-Shaikh Maksud Shaikh Ahmed Lohgaonkar on 06/12/2020 against 11 beneficiaries including present applicant who allegedly fraudulently availed benefits under the "Pradhan Mantri Awas Yojana" (PMAY) scheme for house allocation to citizens in Kautha, Taluka-Biloli, District Nanded. Upon information being obtained 1 of 5 2026:BHC-AUG:35423 about the fraud through the Right to Information (RTI) Act, the complainant requested a formal investigation and called for the suspension of the involved officers. The Investigating Officer submitted his official report dated 29/03/2023 which revealed 12 beneficiaries who already owned concrete houses were illegally listed as homeless (Beghar) and were improperly allocated Rs.1,20,000 each, amounting to total fraud of Rs. 14,40,000 . 3. The report identified the Gram Sevak, Sarpanch, present applicant- Rural Housing Engineer, Assistant Accountant, the then Block Development Officer (BDO) as responsible for the said fraud, recommending that the misappropriated amount be recovered from them. However, as no departmental inquiry was initiated and no funds were recovered, a complaint was filed before the Judicial Magistrate First Class (JMFC) and Consequently, on 02/04/2025 directions were issued for registration of FIR against 20 individuals, comprising the 12 ineligible beneficiaries of the Gharkul scheme and the officers responsible for the said fraud. 4. The learned counsel for the applicant submits there is delay in lodging the First Information Report. There is no specific role attributed to the present applicant and the applicant is only responsible for recommending 2 of 5 the name of genuine beneficiaries, so also other co-accused in ABA No. 673/2025 and 685/2025 have been granted pre-arrest bail by the co- ordinating bench of this Hon’ble Court by Order dated 24/04/2025. The learned counsel drew the attention of the court to an order dated 8th May, 2025 to show that the present applicant was granted ad-interim protection by the co-ordinating bench of this Hon’ble High Court. He further contends that the offence is of 2020 and the investigation is at its final stage. He further states custodial interrogation of the Present applicant is not necessary and the applicant is ready to abide by all the necessary conditions of investigation. Finally, he argues that the applicant has no criminal antecedents. 5. The learned APP opposes grant of any relief in favour of present application. The offense is serious in nature as the present applicant in position of authority, has aided along with other co-accused persons in defrauded the government. It's contended that upon bare perusal of FIR the offence is made out as there is specific role attributed to the present applicant. In this view the custodial interrogation of the applicant becomes necessary. 6. Prima facie perusal of record indicates that present applicant being Rural Housing Engineer under Zilla Parishad, Nanded was in position of 3 of 5 Authority and trust. The applicants and the other co-accused persons name surfaced on in the inquiry report dated 29/03/2023 which shows that an on-site visit and inquiry was conducted in which the present applicant along with other co-accused persons are held responsible for misappropriation and siphoning public money with malafide intentions. It is further stated therein that the amount misappropriated should be recovered and deposited into the government account. Upon going through the inquiry report, the learned JMFC vide. Order dated 02/04/2025 directed the concerned authorities to register an offence against all the accused persons which includes the present applicant. 7. Further perusal indicates that the present applicant and co-accused persons in collision with beneficiaries, intentionally, from the beginning defrauded the government, misappropriating taxpayers monies from public exchequer, so also order dated 30/04/2025 passed by the learned court below shows that the present applicant signed various disbursement papers in his official capacity as a field officer, making him responsible for verifying the construction stages of the subject houses. 8. In so far as the applicant seeking bail on grounds of parity is concerned, the role and complicity of the present applicant differs from that of the other co-accused persons who have been granted pre-arrest 4 of 5 bail by the coordinating bench of this Hon’ble Court. Thus, there is more than enough evidence on the record to indicate that the present applicant is involved in the misappropriation of public funds. Merely because no specific role is being attributed to the present application at this stage, this by itself cannot become a ground for allowing the applicant. 9. It is a settled position of law that grant of pre-arrest bail must strike a balance between individual liberty and the need for investigation. In the case in hand the whole complicity of the present applicant in commission of the said offence is yet to be ascertained and considering the fact that financial recovery is pending, the chargesheet is not filed and in this view the custodial interrogation of the applicant becomes absolutely necessary to aid the further investigation. 10. Having regards to the above discussion, the applicant stands dismissed. (R. M. JOSHI, J.) 5 of 5