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2026 DAILYLAW 3399 (BOM)

BALDEV KAUSHIK S/O BHOODEV KAUSHIK v. STATE OF MAHARASHTRA THR PSO., PS RAMTEK, NAGPUR

ABA/649/2026 · 2026-08-17

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Judgment text

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1 17.aba.649.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.649 OF 2026 Baldev Kaushik s/o Bhoodev Kaushik ..vs.. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Sirpurkar, Advocate for the applicant. Shri H.D. Marathe, APP for the non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 17.08.2026. Heard. 2. By way of this application, the applicant is seeking pre-arrest bail in connection with Crime No.1034 of 2025 registered with Ramtek Police Station, Nagpur Rural for the offences punishable under Sections 318(4), 336(3), 338 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. It is alleged that the applicant is running a bogus Educational Institute and had issued the mark sheets of 10th and 12th class to 2-3 students. 4. Learned Counsel for the applicant submits that the Institute is an autonomous body registered as Vidarbha Madhyamik Shiksha Mandal Trust in Muradabad, Uttar Pradesh. It is submitted that he has not issued any bogus mark sheets to the students, since the Trust is an autonomous and hence no offence has been committed by the present applicant. 5. On the other hand learned APP vehemently opposed the application on the ground that this 2 17.aba.649.2026 Trust/body has been suspended by the State Board of Madhya Pradesh, located at Bhopal. He submits that the investigation is going on and therefore, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. It appears that the Secretary of the applicant’s Trust has been arrested and entire record has been submitted to the Investigating officer. Investigation is going on. Learned APP was unable to show whether the investigation has been carried out in respect of the bogus and forged mark sheet, issued by the applicant’s Institute. Though the FIR was registered on 24.12.2025 however till today it is not clear from the investigation papers whether mark sheets referred in the FIR are bogus and forged or whether the Trust of the applicant is affiliated or having recognition from any governmental organization like UGC or any other University. 7. Be that as it may, this Court has already protected the applicant vide order dated 23.07.2026. Considering the fact that the Applicant’s trust has already handed over all the documentary evidence to the Investigating Officer, in my opinion no custodial interrogation would be required. Hence the following order : (a) The application is allowed and disposed of. (b) The order dated 23.07.2026 is hereby confirmed on the same terms and conditions as incorporated in the said order. (c) Pending application(s), if any, stand disposed of 3 17.aba.649.2026 accordingly. (d) 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. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 17/08/2026 18:34:18