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2026 DAILYLAW 12851 (BOM)

RAJENDRA VISHNU PATIL v. THE STATE OF MAHARASHTRA AND ANR.

ABA/577/2026 · 2026-09-29

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Judgment text

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5-ABA-577-2026 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 577 OF 2026 Rajendra Vishnu Patil …...Petitioner Versus. The State Of Maharashtra & Anr.. …...Respondents ----- Mr. Wasim Samlewale, for the Applicant. Dr. Ashwini Takalkar, A.P.P. for the Respondent-State. Mr. Yogesh Chavan, P.I. ACB Sangli. ------- Coram : ASHWIN D. BHOBE, J. Date : 29th September 2026. PER COURT : 1. Heard, Mr. Wasim Samlewale, learned Advocate appearing for the Applicant, and Dr. Ashwini Takalkar, learned A.P.P. for the State. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicant seeks pre-arrest bail, apprehending arrest in Crime No. 178 of 2026, for offences punishable under Sections 7, 7(A) and 12 of the Prevention of Corruption Act, 1988, registered at the Kadegaon Police Station, District Sangli. 3. Mr. Wasim Samlewale, learned Advocate for the Applicant, states that Suresh 1 of 5 5-ABA-577-2026 (CR).doc there are two (2) Accused in Crime No. 178 of 2026. He states that the Applicant is Accused No. 2, whereas Accused No. 1 (Manohar Dhondiram Patil) is the public servant. 4. The prosecution case is that Accused No. 1, a Circle Officer, demanded a bribe of Rs.6,000/- to effect a mutation entry. The Applicant (Accused No. 2) is a private person who acted as a middleman on behalf of Accused No. 1. 5. Mr. Wasim Samlewale, learned Advocate for the Applicant, states that the Applicant is a private person. He submits that although the traps were laid on 7th July 2026 and 13th July 2026, neither of the accused accepted the bribe amount. He submits that Accused No. 1, who is the public servant, was released on regular bail by the Sessions Court upon his arrest. He submits that the Applicant is not involved in the crime and is ready to appear before the Investigating Officer and to cooperate with the investigation in Crime No. 178 of 2026. 6. Dr. Ashwini Takalkar, learned A.P.P. for the State, submits that Crime No. 178 of 2026 is being investigated by the Investigating Officer, ACB, Sangli . She by referring to the F.I.R. and its narration, submits that the Applicant’s role as a middleman, facilitating communication between Accused No. 1 and the gullible person, is established. She further submits that the audio recording, along with the statements of the Pancha witnesses, support Suresh 2 of 5 5-ABA-577-2026 (CR).doc the prosecution case that the Applicant was acting as a middleman and making demands on behalf of Accused No. 1. She further submits that the Applicant’s custodial interrogation is required to secure his mobile phone and to unearth the involvement of other persons. 7. Perused the records with the assistance of learned Advocates. 8. Apparently, the traps laid by the Respondent on 07th July 2026 and 13th July 2026 were unsuccessful. Neither of the Accused accepted the bribe amount. The Applicant is a private person. The allegations against the Applicant are that the Applicant acted as a facilitator/middleman for Accused No. 1, who is a Circle Officer at Tondoli. Accused No. 1 (a public servant) has been released on Regular Bail. 9. Mr. Wasim Samlewale, learned Advocate for the Applicant, on instructions from the Applicant, states that the Applicant shall surrender his mobile phone, without formatting it, to the Investigating Officer on or before 30th September 2026. Statement accepted. 10. In view of the aforesaid circumstances, custodial interrogation of the Applicant in Crime No. 178 of 2026 is not necessary. 11. This Application is allowed on the following terms:- a) In the event of arrest of the Applicant in Crime No. 178 of Suresh 3 of 5 5-ABA-577-2026 (CR).doc 2026, registered with Kadegaon Police Station, District Sangli, the Applicant shall be released on bail on furnishing a P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one or two sureties in the like amount to the satisfaction of the Investigating Officer, ACB, Sangli investigating Crime No. 178 of 2026 b) The Applicant shall appear and report before the Investigating Officer, ACB, Sangli, on 30th September 2026, 1st October 2026, 5th October 2026 and on 6th October 2026 from 11.00 a.m. to 02.00 p.m. and thereafter, as and when required by the Investigating Officer, ACB, Sangli. The Applicant shall cooperate with the investigation in Crime No. 178 of 2026. c) The Applicant shall submit himself to the Investigating Officer, ACB, Sangli, for recording his voice sample. d) The Applicant shall surrender his mobile phone to the Investigating Officer, ACB, Sangli on 30th September 2026. e) The Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing those facts to the Court or any police officer. f) The Applicant shall not tamper with the evidence in any manner. g) The Applicant shall provide the Investigating Officer with his residential address along with proof thereof, his contact number and email address, and shall inform the Investigating Suresh 4 of 5 5-ABA-577-2026 (CR).doc Officer of any changes to this information from time to time. 12. Anticipatory Bail Application No.577 of 2026 is disposed. [ ASHWIN D. BHOBE, J. ] Suresh 5 of 5