1 32-Cr.BA-1056-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1056 OF 2026 Rakesh Dipak Yadao -- VERSUS -- 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. Imran Deshmukh, Advocate for the Applicant. Ms. T.H. Udeshi, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 08, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.233/2025 for the offences punishable under Sections 318(4), 336(2), 336(3), 340(2), 61, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Yavatmal City, District Yavatmal. 3. The brief facts of the prosecution story are that the First Information Report was lodged by one Pritesh Lucky Dinesh Jaiswal on 10/02/2025, alleging that one Anup Mahesh Jaiswal, who is the brother-in-law of the informant, was having agricultural property at Mouza Waki (Parwa), Tq. & Dist. Yavatmal, bearing Gat No. 52/1, admeasuring Piyush Mahajan 2026:BHC-NAG:11964 2 32-Cr.BA-1056-2026 8.49 HR. On 27/01/2025, his brother-in-law and Rakesh Dipak Yadav were arrested in Crime No. 107/2025 registered at Police Station, Yavatmal City. It is alleged that accused Nos. 1 to 5 have conspired together and prepared forged documents and executed the sale deed of the agricultural land belonging to Anup Jaiswal while he was in jail, at the Sub-Registrar Office No. 2, Yavatmal, in the name of accused No. 1. The conspiracy was hatched and they prepared a forged sale deed in order to cheat and cause wrongful loss to his brother-in-law, and pursuant to the forged sale deed, the land owned by Anup Jaiswal was transferred to accused No. 1. On the basis of the said report, the police have registered a crime against all accused persons. 4. The learned counsel for the applicant submits that this Court, by order dated 30/03/2026, has granted bail to one Akash @ Shiva S/o Pruthviraj Tiwari in Criminal Application [B.A.] No. 304/2026. He submits that the present applicant is also one of the members amongst all the accused persons. He submits that since the main accused, i.e., Akash Tiwari, has been granted bail, the present applicant deserves to be granted bail on the same reasons which are recorded in the order dated 30/03/2026. Piyush Mahajan 3 32-Cr.BA-1056-2026 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that it is the present applicant who is the mastermind of the entire crime. He has planted MD drugs in the vehicle of Anup Jaiswal, and therefore, the applicant was caught red-handed, and accordingly, Crime No. 107/2025 was registered. During interrogation, it transpired that the present applicant has planted the said MD drugs in the car of Anup Jaiswal with an intention to grab the property of Anup Jaiswal by sending him to jail, however, he himself got trapped in the said NDPS Case. During the house search of the present applicant, photocopies of the Aadhar card and PAN card of Anup Jaiswal were found. Under such circumstances, the learned A.P.P. submits that the role of Akash is different from the present applicant, and therefore, she submits that the observations made in the said order would not be applicable. 6. I have considered the rival submissions. After perusal of the order dated 30/03/2026, it appears that the present applicant is one of the connecting links in the crime. In detail, the order was passed by this Court on 30/03/2026, releasing Akash @ Shiva S/o Pruthviraj Tiwari. For the purpose of grabbing the property of Anup Jaiswal the entire Piyush Mahajan 4 32-Cr.BA-1056-2026 planning was executed by accused persons. Therefore, in my opinion, there cannot be any separate role so far as the present applicant is concerned. No doubt, so far as the role of each and every accused is concerned, they have played different roles, for example, Sachin Raut got the property transferred in his name, whereas the 2 other accused persons are the witnesses. Even one accused person, Sandeep Jadhav, has impersonated Anup Jaiswal, and the present applicant has implicated Anup Jaiswal in a false NDPS case. Therefore, considering the role of the applicant, in my opinion, the observations recorded in the order dated 30/03/2026 are equally applicable to the present applicant, and as the applicant is in jail since 17/03/2025, and more than one year and six months are over, now even the investigation is over and the charge-sheet is filed, therefore, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Rakesh Dipak Yadao) be released on regular bail in connection with Crime No.233/2025 for the Piyush Mahajan 5 32-Cr.BA-1056-2026 offences punishable under Sections 318(4), 336(2), 336(3), 340(2), 61, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Yavatmal City, District Yavatmal, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence; (iv) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (v) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; Piyush Mahajan 6 32-Cr.BA-1056-2026 (vii) Pending Misc. Application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 09/09/2026 18:17:04