KAPIL S/O WAMAN DAMBHARE v. STATE OF MAHARASHTRA THR PSO., PS UMRED NAGPUR DIST. NAGPUR
ABA/707/2026 · 2026-08-17
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 3308 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3308 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Order 170826aba707.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [ABA]
NO. 707 OF 2026.
Kapil Waman Dambhare -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 M.V. Rai, Advocate for the Applicant. Ms T. Udeshi, A.P.P. for the Non-applicant/State.
CORAM : M.M. NERLIKAR, J.
DATE : AUGUST 17, 2026.
Heard.
2. The applicant is apprehending his arrest in connection with Crime No.588/2025, registered with Umred Police Station, District Nagpur for the offences punishable under Sections 406, 420 read with Section 34 of the Indian Penal Code.
3. The learned Counsel for the applicant submits that the matter is settled between the family of the applicant and the informant, as the amount which was given to the family of the applicant, more than that has been returned by his family to the informant, and on that basis this Court has granted bail to his Rgd. 2026:BHC-NAG:10607
Order 170826aba707.26 2 mother on 07.04.2026 by passing order in Criminal Application (ABA) No.968/2025. My attention is invited to paragraph nos.6 and 7 of the said order. It is further submitted that the applicant is innocent and has no concern with the alleged crime, however, all the material allegations are against his father i.e. accused no.1, and in such circumstances, the applicant deserves to be granted anticipatory bail.
4. On the other hand the learned A.P.P. by filing reply has opposed the prayer and submitted that the applicant and his family members have indulged in similar type of offence of job scam, as 4 crimes are registered against the family members of the applicant i.e. his father, mother and the applicant himself and one Kalyani Jaipurkar. All these persons have by inducing unemployed youths extracted money from them under the garb of providing job. In such circumstances, though the applicant and his family members have settled the matter with the informant, that by itself is not sufficient to grant anticipatory bail, and she therefore submits that considering the background of the applicant, he does not deserves to be granted anticipatory bail.
5. I have considered the rival contentions of the parties Rgd.
Order 170826aba707.26 3 and perused the papers. Upon consideration of the fact that already this Court has granted bail to one Kalawati Dambhare, who is mother of the applicant, on the basis of the fact that family members of applicant had already returned the amount to the informant. It further appears from the record that there is one crime registered against the applicant at Beltarodi Police Station bearing Crime No.635/2024, in alleging similar set of facts, wherein the applicant was granted pre-arrest bail. It further appears that since the main accused has already paid the amount to the informant, I am of the considered opinion that the applicant has made out a case for grant of anticipatory bail. Hence, the following order.
ORDER (i) Criminal Application is allowed and disposed of. (ii) In the event of arrest, the applicant Kapil Waman Dambhare, in connection with crime No. 588/2025, registered with Umred Police Station, District Nagpur for the offences punishable under Sections 406, 420 read with Section 34 of the Indian Penal Code he be released on anticipatory bail on his furnishing PR bond of Rs. 25,000/- with one solvent surety in the like amount. (iii) The applicant shall attend the concerned Police Station on every Sunday between 11.00 a.m. to Rgd.
Order 170826aba707.26 4 02.00 p.m. as well as, as and when called by the Investigating Officer. (iv) The applicant shall not tamper with the prosecution evidence in any manner. (v) The applicant shall not misuse this grant of bail and shall not commit similar type of offence. However, if he commits such offence or or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of anticipatory bail. (vi) Misc. Applications, if any, also stands disposed of.
JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 17/08/2026 18:42:37