12.appln.104.26 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPLN] No.104 of 2026 Swapnil s/o Domaji Wankhede vs. State of Maharashtra, through Police Station Sitabuldi, Nagpur and another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. Sachin Mishrikotkar, Advocate the Applicant. Mr. G.S. Umale, A.P.P. for Non-Applicant No.1. CORAM : Y.G. KHOBRAGADE, J. DATE : 12 th OCTOBER, 2 026. Heard the learned Counsel appearing for the applicant as well as the learned A.P.P. for the non-applicant/State. 02. By the present application, the applicant–informant takes exception to the order dated 15/06/2024 passed by the learned Additional Sessions Judge, Nagpur, in Criminal Bail Application No.1553/2024, thereby enlarging non-applicant No.2/accused Rucha Swapnil Wankhede on anticipatory bail in connection with Crime No.168/2024 registered with Sitabuldi Police Station, Nagpur, for the offences punishable under Sections 463, 465, 468 and 471 read with Section 34 of the Indian Penal Code. 03. The learned Counsel appearing for the applicant submits that the applicant and non-applicant No.2 are husband and wife and that matrimonial proceedings instituted by them against each other are pending before the respective Courts. The applicant–informant lodged an oral report with Sitabuldi Police Station, Nagpur, alleging that he had instituted Petition No.A/192/2022 seeking a decree for restitution of conjugal rights. However, the said proceedings proceeded ex-parte. On 21/01/2023, when the matter was listed for pronouncement of 2026:BHC-NAG:13747 12.appln.104.26 2/2 judgment, non-applicant No.2 allegedly filed a false affidavit, purportedly executed before a Notary, before the Court. On the basis of the said report, Crime No.168/2024 came to be registered at Sitabuldi Police Station, Nagpur. Apprehending her arrest, non-applicant No.2 filed Criminal Bail Application No.1553/2024 seeking anticipatory bail. By the impugned order dated 15/06/2024, the learned trial Court granted anticipatory bail to non-applicant No.2, observing that the offence pertained to a document which had already been seized by the police. It was further observed that non-applicant No.2 had admitted her signature on the said document and that the Investigating Officer had collected her specimen signature. 04. The learned Counsel for the applicant has also invited attention of this Court to the application at Annexure A8. It appears that the title of the application mentions the name of non-applicant No.2 as “Sau. Rucha Swapnil Wankhede”, whereas in the solemn affirmation, her name is mentioned as “Sau. Rucha w/o Swapnil Sapkale”. According to the applicant, on the date of execution of the affidavit, non-applicant No.2 was present at her office i.e. the State Bank of India, near ICICI Bank, Murbad Road, Kalyan (West), District Thane, and had never appeared before the Notary. On these grounds, it is contended that the offences punishable under Sections 463, 465, 468 and 471 read with Section 34 of the Indian Penal Code are made out. 05. However, the applicant has not come forward with a case that non-applicant No.2 has breached any of the terms and conditions of the bail order pursuant to which she was enlarged on anticipatory bail. In the circumstances, I do not find that the applicant has made out a case warranting issuance of notice to non-applicant No.2. Hence, the application stands rejected. There shall be no order as to costs. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 13/10/2026 16:42:01