8.BA.3316.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3316 OF 2026 Amit Ajit Agarwal .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. P.R. Kalantri a/w. Ms. Renuka Shukla and Ms. Deepali Kasat, Advocates for Applicant.  Mr. Sukanta A. Karmakar, APP for Respondent – State.  API - Mr. Anil J. Kekan, Baner Police Station present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 31, 2026. P.C.: 1. Heard Mr. Kalantri, learned Advocate for Applicant and Mr. Karmakar, learned APP for Respondent – State. 2. Applicant is arraigned as accused No.2 in C.R. No.67 of 2026 for the offences punishable under Sections 318(3), 336(1), 338, 339 and 340(1)(2) which are primarily relating to cheating and fabrication, but also under Section 329(1)(3)(4), 61(A), (B) and (35) of the Bharatiya Nyaya Sanhita, 2023 (BNS). Section 329 relates to wrongful confinement. 3. Mr. Kalantri would persuade me to consider the prosecution case at the highest to have attributed the Applicant of having trespassed on the land of the Complainant, which can be only 1 of 5 8.BA.3316.2026.doc attributed to the Applicant. The cause of action for doing the same is a Power of Attorney, which according to the Complainant is a forged Power of Attorney. Applicant's case is that the said Power of Attorney was given to him by another accused person called Mr. Sapkale and it was in the name of Hanumanta Dnyanu Saptale. 4. The investigation in that direction not having been directed and the statement of Hanumant Dnyanu Saptale, who is the relative of the other accused person who gave the Power of Attorney not having been examined, Mr. Kalandri would persuade the Court to consider granting Bail Application on any terms deemed fit by the Court. He would also seek Court's indulgence by stating that the Applicant is a first time offender. He would submit that he is running a grocery shop in the Balewadi area of Pune and has two children, one daughter and one son, studying in school and college. He would submit that he is the primary caregiver and supporter for providing them livelihood alongwith his wife. 5. Mr. Karmakar, learned APP would persuade me to consider the gravity of the offences and the role attributed to the Applicant of having used the forged Power of Attorney and thereafter he having trespassed on the property of the Complainant and having installed his name board and illegally staying over there. 2 of 5 8.BA.3316.2026.doc 6. Insofar as any substitutive right claimed by Applicant is concerned, either with respect to his right in the subject land or for that matter with regard to the mutation entries, the Applicant's remedy is to approach the Civil Court or the concerned Competent Authority under the MLRC, 1966 rather than taking law into his hands. The Applicant is incarcerated since 02.04.2026. 7. However, considering the submissions made by Mr. Kalantri, I am inclined to accept the same and grant bail to the Applicant so as to see to it that the Applicant's family and most specifically his minor children do not suffer because of the Applicant's acts. Applicant is warned not to break the law and commit any offence. 8. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Amit Ajit Agarwal is directed to be immediately released from prison in connection with CR. No.67 of 2026; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with one surety of the like amount; 3 of 5 8.BA.3316.2026.doc (iii) Applicant shall report to the Investigating Officer at Baner Police Station, twice every month, on the first and third Monday of each month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of their current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in their residential address or mobile telephone number, as and when such change occurs; and 4 of 5 8.BA.3316.2026.doc (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 9. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 10. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.01 10:01:58 +0530