1 22.aba.765.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.765 OF 2026 Nikhat Afro Afzal Sheikh and ors. ..vs.. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Raju Pawar, a/w Shri M.A. Qureshi, Advocate for the applicants. Shri N.B. Jawade, APP for non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 24.09.2026. Heard. 2. Apprehending arrest in connection with Crime No.176 of 2026 registered with Pachpaoli Police Station, Nagpur City for the offences punishable under Sections 406, 420, 465, 468, 471, 506 and Section 34 of the Indian Penal Code, the applicants pray for pre-arrest bail. 3. The FIR came to be lodged by the informant alleging that all the accused persons including the applicants have duped the informant and others to the tune of Rs.45,50,000/- under the pretext of giving teaching and non-teaching jobs in the government aided school. Though an assurance was given that they would be given jobs on payment of certain amount, however , no appointment letters were provided from the school and even regular salaries were not provided to them thereby duping them. 4. Learned Counsel for the applicants submits that so far as the allegations in the FIR are concerned, it is alleged that the informant and his family members have 2026:BHC-NAG:12793 2 22.aba.765.2026 paid in total Rs.29,50,000/- to the applicants for providing an appointment in the school run by Minority Chhapparband Muslim Shikshak Sanstha (‘the Sanstha’). He submits that the said Sanstha runs various schools and the applicant nos. 1 and 2 are teachers in one of the said school, whereas applicant no.3 is the father of applicant nos.1 and 2. He submits that though the FIR discloses that the applicants have collected an amount of Rs.29,50,000/- from the informant and his family members, however, an amount of Rs.14 lakhs have already been repaid to them and therefore, he submits that under such circumstances, it cannot be said that the they had any intention to dupe the informant under the garb of giving jobs in the school. Therefore, considering the nature of allegations, custodial interrogation would not be necessary since the applicants are ready to co- operate with the investigation and therefore the application is prayed to be allowed. 5. On the other hand, the learned APP vehemently opposed the application by submitting that the applicants are the main culprits, who have induced the unemployed persons under the garb of giving jobs and thereafter they have collected huge amounts from them. Apart from the informant and his family members, there are several other victims, who have been duped in crores of rupees by the applicants. To substantiate his contention, attention is invited to various statement of victims, wherein they have disclosed the name of the applicants. He further pointed out the document, which was signed by applicant nos.1 and 2 wherein it was specifically 3 22.aba.765.2026 stated that remaining amount of Rs.9,25,000/- would be returned by 30.04.2026, at any cost. Therefore, according to learned APP, this fact itself is sufficient to show the involvement of the applicants in the entire case. He further submits that one document i.e. letter head of the Institute states that applicant nos. 1 and 2 have collected nearly Rs.1.10 crore from 14 persons, and from 25 persons nearly Rs.2,25,25,000/- was collected. Therefore, he submits that considering the major role played by the applicants in collection of the amount under the garb of giving jobs, which is a serious crime against the society, the application deserves to be rejected. Further custody would be required as many documents are required to be seized and even money trail is required to be traced as the fraud involves a huge amount. Under such circumstances, the applicants do not deserve to be granted anticipatory bail. 6. Upon consideration of the submissions of both the parties and upon perusal of the various documents it appears that the applicants have allegedly induced the informant and various other persons stating that if they are ready to pay the amount of Rs.32 lakhs, they will provide job in the schools run by the aforesaid Sanstha. Accordingly, Rs.29,50,000/-has been collected by the applicants from the informant and accordingly, they have been inducted in the schools. However, it appears that appointment orders were not provided to them whereas only for one or two months, they have been paid remuneration for their work, thereafter, they have not been paid. After some time, they were shifted from one 4 22.aba.765.2026 school to another school, where they have noticed that the school does not have 100% grant-in-aid and therefore, they suspected about their appointments. 7. Upon enquiry it was found that the victims were not on the roster of the school and they by portraying have made a farce that the victims have been appointed as teacher in the teaching and non teaching staff. Upon consideration of the FIR and other documents, it appears that the Management along with the applicants have indulged in duping the unemployed persons under the garb of giving job in the said school and collected huge amount of which the list is produced on record. The applicants have collected near about Rs.1.10 crores from 14 persons and Rs.2,25,25,000/- from 25 persons. The investigation is in progress and the figure may increase. Apart from the statements of the victims, I have also seen the document in the charge-sheet which shows that it was an admission on the part of the applicant nos. 1 and 2 that they will return the amount of Rs.9,25,000/-, which is due from them to one Azhar Qureshi and Sahajad Qureshi before 30.04.2026. Considering the major role played by the applicants and the statement of various victims on record, wherein they have specifically named the applicants, I am not inclined to grant the anticipatory bail to the applicants. 8. Hence the application stands rejected. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 28/09/2026 18:39:52