1-ABA- 950 of 2024.docx Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 950 OF 2024 Jaya Vinod Kakade ...Applicant V/s. State Of Maharashtra & Ors. ...Respondent _____________________________________________________________ Adv. Vinod D. More, for the Applicant. Adv. Megha S. Bajoriya, APP for the Respondent – State. PSI - Archana Jadhav, Virar Police Station is Present. _________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 24th SEPTEMBER 2026. P.C. :- 1. Heard learned counsel for the applicant and learned APP for the respondent-State. 2. The applicant has filed the instant application under Section 438 of the Code of Criminal Procedure (Cr.P.C.), 1973 for seeking pre-arrest bail in connection with Crime No. 678 of 2023 registered with Virar Police Station, for the offence punishable under Sections 420, 465, 467, 468, 471, 477-A read with section 34 of Indian Penal Code (IPC), 1860 . 1/5 1-ABA- 950 of 2024.docx 3. The FIR is registered on the basis of allegations made by the complainant alleging that this applicant along with accused No. 1 prepared false and bogus documents by making false signatures of customers in gas agency and cheated the complainant’s gas agency for an amount of Rs. 14,10,537/-. (Rupees Fourteen Lakh Ten Thousand Five Hundred Thirty-Seven). 4. The learned counsel for applicant submits that the applicant was working as a staff in the Abir HP Gas Agency of which Jiyad Shaikh was the Manager. It is submitted that as a matter of fact, the applicant had made a prior complaint against the co-accused i.e. Manager of the agency in the month of July, 2022 itself, even before the FIR came to be lodged. He submits that there is nothing to indicate that this applicant has committed any overt act and there are general allegations against this applicant. Apart from this, it is pointed out that the co-accused was granted interim protection by order dated 04.10.2023 and by ABA No. 2720 of 2023, and considering the minimal role fo this applicant, the instant application be allowed. He also states that in accordance with the interim protection granted to this applicant by order dated 09.05.2024, he has extended the co-operation during investigation and therefore prays for confirmation of the interim 2/5 1-ABA- 950 of 2024.docx protection. 5. Learned APP had opposed the application by stating that applicant was working as a employee of gas agency and was subordinate to accused no.1. It is alleged in the FIR that both the accused used to show online gas booking without giving information to customers and they used to prepare transfer vouchers by making false signatures of customers and further they have received certain amounts. Considering the nature of offence, custodial interrogation of this applicant is necessary for collecting their bank transactions and other documents. 6. Perused the FIR and documents placed on record. The allegations in the FIR are about preparing false and bogus documents by making false signatures of customers in gas agency. It has to be noted that the FIR is registered against the manager, to whom anticipatory bail is already granted. In view of the fact that the investigation has to be conducted with regard to allegations of forgery, the same can be conducted on the basis of available documents. Considering the nature of offence, the investigation is primarily related to documentary evidence, which can be collected by calling upon the 3/5 1-ABA- 950 of 2024.docx applicant to produce them. As such, for the purpose of collecting documentary evidence, custody of the applicants is not necessary. Also, the applicant has extended co-operation in accordance with interim protection granted by this Court. 7. Considering all above aspects, the personal liberty of this applicant needs to be protected and therefore, the interim protection granted to the applicant needs to be confirmed, subject to certain conditions. 8. Hence, I pass the following order: : O R D E R : i] The Anticipatory Bail Application is allowed. ii] In the event of arrest of the applicant in Crime No. 678 of 2023 registered with Virar Police Station, for offence punishable under Sections 420, 465, 467, 468, 471, 477-A read with section 34 of Indian Penal Code, 1860 (IPC). she be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount. 4/5 1-ABA- 950 of 2024.docx iii] The applicant is directed to attend the police station as and when called upon by the Investigating Agency. iv] The applicant shall cooperate with the Investigating agency during investigation and trial. v] The applicant shall not tamper with the prosecution evidence or influence the informant and witnesses directly or indirectly. vi] Breach of any of these conditions would be a ground for cancellation of anticipatory bail. 9. In view of this, the instant Anticipatory Bail Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 5/5