RUCHESH S/O RAVI JAIN v. THE STATE OF MAHARASHTRA THR PSO., PS GADGE NAGAR, AMRAVATI AND ANR
ABA/748/2026 · 2026-08-27
Civil Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 4910 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4910 (BOM) · dailylaw.ai ]
Judgment text
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1 29 ABA 728.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 728/2026 (Dipti Tushar Jain Vs. The State of Maharashtra & anr) with CRIMINAL APPLICATION (ABA) NO. 733/2026 (Priti Manish Kumar Jain Vs. The State of Maharashtra) with CRIMINAL APPLICATION (ABA) NO. 748/2026 (Ruchesh S/o Ravi Jain Vs. The State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Ritesh Badhe, Advocate applicants (in all applications) Ms. S.N. Thakur, APP for non-applicant/State (ABA 728/2026) Mr. H. D. Marathe, APP for non-applicant/State (ABA 733/2026 & ABA 748/2026) Mr. C.A. Babarekar, Advocate for non-applicant No.2.
CORAM: M. M. NERLIKAR,
J . DATED : 27/08/2026. Heard. 2. By these applications, the applicants are seeking anticipatory bail in connection with Crime No. 783/2026 registered with Police Station Gadge Nagar, Amravati City for the offences punishable under Sections 318(4), 335, 336(3), 336(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). 3. The brief facts of the prosecution case are that, the mother of informant, namely Sandhya Santosh Jain expired on 19/08/2025 and the father of the informant
2 29 ABA 728.26 has already expired and he had a LIC policy in which the informant’s mother was the nominee and the premium towards it was paid by the informant. After the death of his mother, when the informant inquired with the LIC officer on 19/10/2025, he was surprised to know that co- accused Sajal had submitted a false affidavit in the name of informant’s deceased mother purportedly in respect of the LIC Policy belonging to co-accused Sajal and Ruchesh. Accordingly, the crime was registered against all four accused persons for allegedly preparing forged affidavit and forging the signature of deceased, as co-accused Sajal himself signed the same as witness. It is further alleged that the policy amount of Rs.4,50,000/- was transferred online from the mother's account which was being operated by Ruchesh and Sajal, wherein they transferred the amount to Jinagam Medical’s account and further Sajal transferred it to his account. Accordingly, the crime is registered against all four accused persons including the present applicants. 4. The learned counsel for the applicant submits that the allegations against these three applicants are that they have withdrawn the policy amount from the account of the
3 29 ABA 728.26 informant's mother (deceased) after her death. He further submits that it is the property dispute between the informant and the applicants. The applicants Dipti and Priti are real sister of the informant, whereas Ruchesh is the cousin brother of the informant. Though it is alleged that Sajal Ravi Jain has prepared a forged stamp paper of Rs.500/- on 24/08/2025 and accordingly it was submitted to the LIC office and the amount of LIC policy was transferred to the account of the deceased Sandhya. So far as these applicants are concerned, they are not involved in preparation of the stamp paper.
The amount was transferred online by the informant himself as Ruches Ravi Jain who is running the Jinagam Medical Store has supplied the medicines when the deceased Sandhya and her husband was in hospital and huge amount was due towards the medicine, therefore the said amount was due from the informant, he himself transferred the LIC amount online from the mobile of the deceased Sandhya. Under such circumstances, he submits that the applicants deserve to be granted bail. 4 29 ABA 728.26
5. On the other hand, the learned counsel appearing for the informant as well as the learned APP vehemently opposes the application and submits that all the applicants are involved in the serious crime of forgery and withdrawal of the amount and they have committed the offence punishable under 318(4), 335, 336(3), 336(4) read with Section 3(5) of the BNS. They submits that since the beginning, the applicants are having an eye on the property of the deceased. The LIC policy of Rs.4,50,000/- was transferred by Sajal by preparing forged affidavit in deceased’s name on stamp paper of Rs.500/- and thereafter it was transferred in the account of the deceased Sandhya. Thereafter, the amount was transferred in the name of the Jinagam Medical Store and further to the account of Sajal. Therefore, they submit that all the applicants in collusion with each other have done the act and therefore they prayed to reject the bail. 6. I have considered the rival submissions. Apparently, it appears that the LIC amount which was transferred by the LIC in the account of the deceased Sandhya was further transferred to the Jinagam Medical Store which was an online transaction.
Now, it is for the
5 29 ABA 728.26 investigating officer to conduct the investigation who is responsible for the transfer, as the learned counsel for the applicants submits that it is the informant who transferred the said amount as the said mobile was in possession of the informant. Be that as it may, since the allegations against the applicants Dipti, Priti and Ruchesh are concerned, I am of the opinion that the amount was transferred to the Jinagam Medical Store through online process. Under such circumstances, since Dipti and Priti are ladies and considering the limited role played by Ruchesh, I am inclined to grant anticipatory bail to these three applicants. Hence, the following order:-
ORDER (I) Applications are allowed and disposed of. (II) The orders dated 13/08/2026, 14/08/2026 are hereby confirmed on the same terms and conditions as incorporated in the said orders.
7. Pending applications, if any, stands disposed of accordingly.
6 29 ABA 728.26
8. 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.)
Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 28/08/2026 15:11:00