1 14-Cr.ABA-595-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 595 OF 2026 Vivek Shyam Kamble -- VERSUS -- The State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. Ashish R. Fule, Advocate for the Applicant. Mr. A.B. Badar, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 17, 2026. Heard. 2. Apprehending arrest, the applicant has approached this Court in connection with Crime No.115/2026 for the offences punishable under Sections 319(2), 318(4), 336(2), 336(3) and 340(2) of Bharatiya Nyaya Sanhita, 2023, registered with Police Station Sonegaon, District Nagpur. 3. The prosecution case, as stated in the First Information Report, is that the informant, a property dealer, was introduced to the accused, who allegedly represented himself as a Class-I officer of the Maharashtra Forest Department and offered to procure departmental tenders. Relying upon such representation and documents allegedly shown by Piyush Mahajan 2026:BHC-NAG:10651 2 14-Cr.ABA-595-2026 the accused, the informant formed a proprietorship firm and, pursuant to the accused’s directions, transferred an amount of Rs.6,44,000/- towards the proposed transaction. It is further alleged that the accused had similarly represented himself as an officer of Maha Metro and induced several persons by promising employment and tenders. On subsequently making inquiries, the informant came to know that the accused was not employed with the Forest Department and that the documents and representations made by him were allegedly false. The informant therefore lodged the FIR alleging cheating and use of forged documents, resulting in an alleged total financial loss of Rs.92,44,000/- to the informant and other persons. 4. The learned counsel for the applicant submits that the applicant has filed the complaint on 03/06/2026, wherein he has posed himself as the victim, stating that he had transferred the amount to one Ritik Pathak and Ajay Gadvi and those persons cheated him. Thereafter, the victim/informant lodged the F.I.R. against the applicant on 07/06/2026. Pursuant to the interim orders passed by this Court, the applicant has attended the Investigating Officer, and accordingly, necessary information has already been provided to the Investigating Officer. He Piyush Mahajan 3 14-Cr.ABA-595-2026 submits that even if the allegations are taken at their face value, and even if it is presumed that the applicant has committed the alleged offence, the maximum punishment prescribed is seven years. If at all the Investigating Officer intended to arrest the applicant, he ought to have issued a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (Section 41-A of the Cr.P.C.). Since the Investigating Officer has not issued any such notice, according to the learned counsel, the same is sufficient to indicate that the Investigating Officer does not require the custody of the applicant. He further submits that the amount allegedly paid by the victim was not received by the applicant and, under such circumstances, he prayed for grant of anticipatory bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that poor persons have been duped by the applicant. A huge amount of more than Rupees 92 lakhs has been extracted from different persons by the applicant. During the investigation, when the applicant attended the police station, he did not co-operate with the investigation. In 12 accounts of the applicant, hardly an amount of Rs.30,000/- has been found. Under such circumstances, the learned A.P.P. Piyush Mahajan 4 14-Cr.ABA-595-2026 submits that, in order to ascertain the money trail, it is necessary to have the custodial interrogation of the applicant. The applicant has allegedly duped a total of 20 persons. He has not only prepared forged documents such as identity cards of the Maharashtra Government, Forest Department and Maharashtra Metro Rail Corporation Limited, but the allegations are also serious in nature. He posed himself as an Assistant Conservator of Forests and Tender Head and promised to allot tenders to the victims. On the said pretext, he extracted a huge amount from the victims. Not only that, he has also allegedly duped other persons on the pretext of providing them with employment. Accordingly, the total amount allegedly involved is approximately Rs.92,44,000/- by duping 20 persons till date. He further submits that, in order to conduct a thorough investigation and ascertain the money trail, custodial interrogation of the applicant is necessary. Therefore, considering the seriousness of the offence and the fact that another crime of a similar nature is also registered against the applicant at Police Station Kalewadi, Pimpri Chinchwad, Pune, the learned A.P.P. submits that the applicant does not deserve to be granted anticipatory bail. 6. I have considered the rival submissions. So far as the provisions levelled against the applicant Piyush Mahajan 5 14-Cr.ABA-595-2026 are concerned, they would indicate that the maximum punishment prescribed is seven years. Be that as it may, merely because the maximum punishment is seven years, that by itself does not give a right to the applicant to seek release on anticipatory bail. So far as the allegations in the present crime are concerned, which can be gathered from the F.I.R. registered on 07/06/2026, it would disclose that the applicant came into contact with the informant at D.Y. Patil Stadium, Mihan, wherein he showed an identity card stating that he was the Assistant Conservator of Forests, Class-I Officer and Tender Head. Accordingly, he allegedly induced the informant and promised to procure a tender for him. Pursuant thereto, an amount of Rs.6,44,000/- was transferred by the informant to the account of Sai Enterprises, as directed by the applicant, since the said Sai Enterprises was allegedly shown as an empanelled vendor of the Forest Department on its website. It further reveals that the said amount was thereafter transferred from the account of Sai Enterprises, at the instance of the applicant, to the account of one Akash Hazare, and from that account, the amount was transferred to the account of the applicant. It further appears that the second set of Piyush Mahajan 6 14-Cr.ABA-595-2026 allegations against the applicant relates to inducing persons on the pretext of providing them employment in the Mumbai Metro. The applicant allegedly posed himself as an officer of Maharashtra Metro, Nagpur. Considering the allegations, two sets of facts emerge from the F.I.R. In the first set of facts, it is alleged that the applicant posed himself as the Assistant Conservator of Forests, Class-I, Tender Head, whereas in the second set of facts, he posed himself as an officer of Maharashtra Metro, Nagpur. The applicant duped 20 persons and extracted an amount of Rs.92,44,000/-. It is further to be noted that the statement of one of the witnesses goes to show that he was also allegedly duped by the applicant and, when a demand was made for repayment, two cheques amounting to Rs.11 lakhs were given by the applicant to the said witness. When one of the cheques was presented, it was dishonoured on account of insufficiency of funds. Considering the seriousness of the crime, it can be gathered that the applicant has allegedly repeated similar conduct, as this is the second crime registered against him involving identical and similar allegations. It appears that one such offence has also been registered against the applicant at Pimpri Chinchwad, Pune. In order to conduct a detailed and thorough investigation, in my opinion, custodial Piyush Mahajan 7 14-Cr.ABA-595-2026 interrogation would be necessary to ascertain the money trail and further to know the modus operandi underlying the allegations made against the applicant. It is further to be noted that, so far as the complaint made by the applicant is concerned, in my opinion, the same appears to be nothing but an eyewash and was made only with a view to create a defence. Be that as it may, the said complaint is an independent complaint, which would be dealt with in due course by the concerned officer. The learned counsel for the applicant submits that no notice under Section 41-A of the Cr.P.C. has been issued to the applicant. However, at the stage of considering the application for anticipatory bail, this aspect cannot be considered. It is for the Investigating Officer to take a call on issuance of such notice. However, so far as the allegations made in the present crime are concerned, it appears to me that the allegations are serious in nature and, since this is the second offence of a similar nature, I am not inclined to grant anticipatory bail to the applicant. Hence, the anticipatory bail is rejected. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 18/08/2026 14:49:31