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2026 DAILYLAW 6775 (BOM)

SAURABH KUMAR S/O RAM LAL VISHWAKARMA v. STATE OF MAHARASHTRA THR PSO., PS GADCHIROLI DIST. GADCHIROLI

BA/1125/2026 · 2026-09-04

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Judgment text

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Order 040926ba1081.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1081 OF 2026. Ankit Kanhaiyalal Giri -VERSUS- State of Maharashtra. CRIMINAL APPLICATION [BA] NO. 1125 OF 2026. Saurabh Kumar Ramlal Vishwakarma -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 Y.D. Shukla and Shri M.P. Ladhe, Advocates for Applicants. Shri N.R. Rode, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 04, 2026. Heard. 2. Applicants came to be arrested in connection with Crime No.754/2025 registered with Gadchiroli Police Station, District Gadchiroli for the offences punishable under Sections 319[2], 336[2], 340[2] and 62 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Charge sheet came to be filed and Section 3[5] and 336[3] of the BNS came to be added. Rgd. 2026:BHC-NAG:11776 Order 040926ba1081.26 2 3. The first information report came to be lodged by Dr. Ashok Nete, alleging that on 22.08.2025 he received a call and the caller told that he is speaking from Prime Minister’s Office, claiming to be P.A. to P.M. and sought informant’s details for meeting with the P.M. on 28.08.2025, which details were provided by the informant. On 23.08.2025 the informant received an e-mail dated 28.08.2025 from P.M.O. however, as the informant suspected the same, he made necessary enquiry, which disclosed that the letter was fake. It is alleged that the informant received phone calls from 23.08.2025 to 25.08.2025 asking him to pay Rs.25 lakhs and in return the informant would be getting berth in Rajya Sabha. Hence, the first information report. 4. The learned Counsel for applicants submit that allegations against the applicant-Saurabh is of providing sim card to Prashant, who in turn has handed over the said sim card to Ankit, and further Ankit used to call from Delhi to different politicians, claiming to be calling from the office of the Prime Minister and he can arrange for berth in Rajya Sabha, andused to extract amount from those politicians, Rgd. Order 040926ba1081.26 3 however, before handing over of the amount, the offence was registered by the informant. The learned Counsel submits that in the entire charge sheet there is no material against the applicants. There is one crime registered in Delhi making identical allegations, however, they were released on bail by the Magisterate’s Court at Delhi. He submitted that applicants deserve to be granted bail, since the maximum punishment provided for the charged offence is of 7 years and applicants are in jail from 10 months. 5. The learned A.P.P. vehemently opposed the applications and submit that applicants are fraudsters, who used to call from Delhi to different politicians and under the garb of giving berth in Rajya Sabha tried to dupe them. There is more than sufficient material collected during investigation and therefore, applicants do not deserve to be released on bail. 6. I have considered the rival submissions of the parties. This Court by order dated 14.08.2026. has granted bail to co-accused Prashant Singh in Criminal Application No.959/2026. It appears that the allegations are serious in nature, however, the maximum punishment provided is of 7 Rgd. Order 040926ba1081.26 4 years. Both applicants are in jail from 10 months, therefore, considering the fact that now investigation is complete and charge sheet is filed, no purpose would be served by keeping them in jail. Hence, I proceed to pass the following order. ORDER (i) Criminal Applications are allowed and disposed of. (ii) Applicants /accused Ankit Kanhaiyalal Giri and Saurabh Kumar Ram Lal Vishwakarma be released on regular bail in connection with Crime No.754/2025 registered with Gadchiroli Police Station, District Gadchiroli for the offences punishable under Sections 319[2], 336[2], 336[3], 340[2], 62 and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS) on their furnishing P.R. Bond of Rs.50,000/- with two sureties each in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (v) The accused shall provide their residential address and cell number to Police Station Rgd. Order 040926ba1081.26 5 concerned and shall not change their place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend each and every date of trial regularly. If they fail to attend the trial for one single date, or fails to comply with the aforesaid conditions, their default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) The accused should not indulge themselves in similar type of offence, while on bail (ix) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 07/09/2026 15:28:00