Order 071026ba1188.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1188 OF 2026. Ashik Ali Mohammad Majid -VERSUS- State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S.M. Syed, Advocate for the Applicant. Ms S.S. Dhote, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 07, 2026. Heard learned Counsel for the parties. 2. The applicant came to be arrested in connection with Crime No.307/2026 registered with Washim Police Station, District Washim for the offences punishable under Sections 179, 318[4] and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The first information report came to be lodged by one Vishnu Dhawle, owner of a pan shop, alleging that on 05.06.2026 at about 8.25 p.m. one Scorpio jeep [vehicle] came Rgd. 2026:BHC-NAG:13400 Order 071026ba1188.26 2 from Malegaon side, stopped near his shop, from which 4 persons came down, out of them one purchased water bottle, sprite, maza, chips costing Rs.490/- and gave 500 rupees note to the informant and immediately left the shop without taking back the remaining amount of Rs.10/-. On perusing the said note the informant found that it was of Children Bank of India and was designed in such a manner that it appeared to be a real note. He immediately followed the said vehicle along with his friends, and also informed one of his friend who was working at the toll plaza to stop the said vehicle. When the vehicle was stopped, three persons ran away from the said vehicle, and the applicant who was driving the vehicle was apprehended. The Police arrived at the spot and found 1300 currency notes of 500 denomination of Children Bank of India. Hence, the report. 4. The learned Counsel for the applicant submits that the applicant is a driver and the accused persons have hired a vehicle and had engaged the applicant for driving the vehicle. The applicant and other accused persons belong to the State of Rajasthan. It is submitted that it was not within the Rgd. Order 071026ba1188.26 3 knowledge of the applicant that the other accused persons were in possession of Children Bank of India notes. So far as the first information report is concerned, it was registered by the owner of the pan shop to whom one of the accused has given Rs.500/- of Children Bank and purchased some articles worth Rs.490/-. He further submits that after purchase of the said articles, the note of Rs.500/- given by the accused person was found to be of Children Bank. The learned Counsel submits that when it was noticed by the informant that the note was a fake note, he immediately followed the vehicle on his four wheeler and informed his friend who was working at the toll plaza, thereafter the vehicle was stopped at toll plaza, however, three co-accused have fled from the spot and present applicant was apprehended by the police. During search of the said vehicle, 1300 notes of Children Bank were found in the jeep. The learned Counsel further submits that applicant was merely engaged as a driver and has nothing to do with the alleged crime. He has invited my attention to the statement of the owner of the vehicle, and submits that three persons had approached the owner of the vehicle i.e. Sanjay Singh Rawat, Rgd. Order 071026ba1188.26 4 that they wanted to visit Maharashtra State for pilgrimage and wanted to hire his vehicle, however, the owner has shown his inability to provide the vehicle, in absence of any driver. The statement further speaks that the 3 accused persons told the owner of the vehicle that they are having a driver and accordingly introduced the applicant as driver to the owner of the vehicle. Thereafter, the owner had given the said vehicle to those persons. The learned Counsel further submits that the applicant by himself has not used the said fake notes on the pan shop, and therefore, neither the applicant was in possession of the fake notes, nor he was having any knowledge that other accused persons were in possession of the said notes. In such circumstances, he prays for grant of bail. 5. On the other hand, the learned A.P.P. vehemently opposed the application by submitting that three accused persons have introduced the applicant to the owner of the vehicle, which could be gathered from the statement of the owner. The applicant was driving the vehicle, from which 1300 notes of Children Bank were seized by the police. The learned A.P.P. submits that isolated role of applicant cannot be Rgd. Order 071026ba1188.26 5 considered at this stage, when three co-accused persons are still absconding. She further submits that all 4 were together, which could be gathered from the first information report itself, and therefore, considering the seriousness of the allegations, the applicant does not deserve to be released on bail. 6. Upon hearing the submissions of both the sides, apparently it appears that on 06.06.2026 the first information report was registered, wherein it is alleged that on 05.06.2026 the informant, who was running his pan shop has alleged that at about 8.25 p.m. one Scorpio jeep stopped near his shop and 4 persons alighted from the said vehicle. It further appears that one of them went to the pan shop and purchased some articles worth Rs.490/- and gave Rs.500/- note to the informant and after collecting the articles immediately left the spot. As soon as the informant noticed that the note given by the accused persons was a Children Bank Note, thereafter the informant immediately followed the vehicle along with his friends, and also intimated the said fact to one of his friend, who was working at toll plaza, where the jeep was stopped. Rgd. Order 071026ba1188.26 6 The applicant was found on the driver seat of the vehicle and three accused persons fled away from the vehicle. Upon perusal of the statement of the owner of the vehicle, prima facie it appears that co-accused have introduced the applicant to the owner of the vehicle, that he was working as a driver. It further appears that even the owner of the vehicle also filed an affidavit before the trial Court stating that he knows the applicant, as he was working as a driver from past many years. Considering the nature of allegations, and upon perusal of the statement of the vehicle owner, coupled with the fact that now the investigation is over, charge sheet has been filed, so also the role ascribed to the applicant and the material which discloses that it is not the applicant who has tendered the Children Bank Note to the informant, I am of the considered opinion that the applicant has made out of a case for grant of bail. Hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. Rgd. Order 071026ba1188.26 7 (ii) The applicant /accused Ashik Ali Mohammad Majid be released on regular bail in connection with Crime No.307/2026 registered with Washim Police Station, District Washim for the offences punishable under Sections 179, 318[4] and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS), on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount, one from Degana, District Nagaur, State of Rajasthan, where he originally resides and one local surety, where the crime is registered. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, except for attending the trial, till the completion of the trial. (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (v) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. Rgd. Order 071026ba1188.26 8 (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 08/10/2026 10:21:46