1 15-Cr.ABA-813-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 813 OF 2026 Adv. Ghanshyam Rajendra Dhole -- VERSUS -- State of Maharashtra and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Ms. Aparna Pethkar, Advocate for the Applicant. Mr. A.B. Badar, A.P.P. for the Non-applicant No.1/State. Mr. R.D. Karode, Advocate for the Non-applicant No.3. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 08, 2026. Heard. 2. The applicant is apprehending his arrest in connection with Crime No.155/2026 registered with Malkapur rural Police Station, District Buldhana for the offence punishable under Section 299 of the Bharatiya Nyaya Sanhita, 2023. 3. The First Information Report (F.I.R.) was lodged by the informant, who stated that she is a devotee of Shri Samarth Yogiraj Govind Maharaj. According to the informant, she received certain photographs on WhatsApp which, as informed to her by her husband, had been circulated by the applicant on his WhatsApp, Facebook and Instagram accounts. It was alleged Piyush Mahajan 2026:BHC-NAG:13483 2 15-Cr.ABA-813-2026 that the applicant had edited the photographs of Shri Samarth Yogiraj Govind Maharaj by substituting his own face in place of the face of the said Maharaj and had circulated such photographs on his social media accounts. The informant alleged that the said act was intentional and had caused hurt to the religious sentiments of the devotees. Based on these allegations, the First Information Report (F.I.R.) came to be registered. 4. This Court, by order dated 10/09/2026, has granted interim protection to the Applicant and certain conditions were also imposed. However, condition No. (iii) has not been followed by the Applicant. It is to be noted that immediately on the next date, i.e., on 11/09/2026, the Applicant filed an application seeking relaxation of condition No. (iii) of the order dated 10/09/2026, wherein the Applicant was directed to attend the concerned Police Station every Sunday between 11:00 a.m. to 02:00 p.m., as well as as and when called by the Investigating Officer. The learned counsel for the Applicant submits that the Applicant is having apprehension that there would be a threat to his life and limb at the said Police Station, and therefore, he has filed an application for relaxation of the said condition. Further, the learned counsel has invited my attention to the photographs showing that an assault was committed on the Applicant in the year 2024 at the said Police Station. It is further submitted that, under the Right to Piyush Mahajan 3 15-Cr.ABA-813-2026 Information Act, the Police Station, Malkapur (Rural), provided information stating that the Applicant was beaten by someone in the weapon room of the Malkapur Police Station. Therefore, the Applicant is not in a position to attend the Malkapur (Rural) Police Station, as directed by this Court. 5. This Court, by order dated 10/09/2026, granted interim protection to the applicant, and certain conditions were also imposed. However, condition No.(iii) has not been complied with by the applicant. It is to be noted that immediately on the next date, i.e., on 11/09/2026, the applicant filed an application seeking relaxation of condition No. (iii) of the order dated 10/09/2026, whereby the applicant was directed to attend the concerned Police Station every Sunday between 11.00 a.m. and 02.00 p.m., and when called by the Investigating Officer. The learned counsel for the applicant submits that the applicant apprehends a threat to his life and limb at the said Police Station, and therefore, he has filed an application seeking relaxation of the said condition. Further, the learned counsel has invited my attention to the photographs showing that an assault was committed on the applicant in the year 2024 at the said Police Station. It is further submitted that, under the Right to Information Act, the Police Station, Malkapur (Rural), provided information stating that the applicant was beaten by someone in the weapon room of the Malkapur Police Piyush Mahajan 4 15-Cr.ABA-813-2026 Station. Therefore, the applicant is not in a position to attend the Malkapur (Rural) Police Station, as directed by this Court. 6. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the investigation is yet to be concluded. The applicant has not attended the Police Station as directed by this Court. He further submits that the applicant is not co-operating with the investigation. Unless and until the applicant co-operates with the investigation, it is very difficult to ascertain from which gadget the applicant morphed the said photographs. The learned A.P.P. submits that the applicant has antecedents and that two offences are registered against him. Under such circumstances, he submits that the applicant does not deserve to be granted anticipatory bail and prays for rejection of the application. 7. I have considered the rival submissions. Upon perusal of the photographs showing the assault on the applicant, as well as the information supplied by the Police Station, Malkapur (Rural), I am of the considered opinion that the applicant has a genuine difficulty in attending the said Police Station. Now, coming to the merits of the case, it is to be noted that this Court has already granted interim protection to the applicant. The allegations against the applicant are that he has morphed the photographs of Shri Samarth Yogiraj Govind Maharaj. The learned counsel for the applicant submits that Shri Samarth Piyush Mahajan 5 15-Cr.ABA-813-2026 Yogiraj Govind Maharaj is an ancestor of the applicant and that the applicant belongs to his family. She submits that there is no question of morphing the photographs. On the contrary, she submits that there is a dispute between the husband of the informant, who is a trustee of the Shri Samarth Yogiraj Govind Maharaj Trust, Amravati, and the applicant. So far as the two crimes registered against the applicant are concerned, the learned counsel for the applicant submits that both the crimes arise out of the trust dispute. Though there are two crimes registered against the applicant, it appears that the same are due to rivalry between both the parties on account of the trust dispute. The proceedings are pending before the Joint Charity Commissioner, Amravati. Be that as it may, considering the nature of the allegations and the fact that the maximum punishment provided is up to three years, I am of the considered opinion that the applicant has made out a case for grant of anticipatory bail. Hence, the following order:- O R D E R (i) The Criminal Application is allowed and disposed of; (ii) The order dated 10/09/2026 is hereby confirmed on the same terms and conditions, except for the condition No.(iii) which is replaced by the following :- “(iii) The applicant shall attend the Police Station, Malkapur City, on every Sunday Piyush Mahajan 6 15-Cr.ABA-813-2026 between 11.00 a.m. to 02.00 p.m. till filing of the charge-sheet” (iii) Further, if the Investigating Officer wanted to conduct further investigation, he may enquire with the applicant at Malkapur City, Police Station at the time of his attending the Police Station, i.e., as directed above. (iv) Pending Misc. Application(s), if any, also stand disposed of; (v) The observations of this Court are prima facie in nature and are only limited to this application. The trial Court shall not be influenced by the aforesaid observations. [ (M.M. NERLIKAR, J.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 08/10/2026 18:40:06