8. BA 3423-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3423 OF 2026 Bansilal Devilal Yadav .Applicant Vs. The State of Maharashtra .Respondent Mr. Akshay Bankapur, Advocate, for the Applicant Mr. Sukanta A. Karmakar, APP, for the Respondent – State CORAM : MILIND N. JADHAV, J. DATE : 09.09.2026 P. C. 1. Heard Mr. Bankapur, learned Counsel for the Applicant and Mr. Karmakar, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No. 23 of 2026 registered with the Chavani Police Station, Nashik for offences punishable under Sections 178, 179, 180 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). 3. The Applicant is arraigned as Accused No. 3 in the present crime. There are only two witness statements relied upon to indict the role of Applicant. Accused No. 2 has given a statement because he along with Accused No. 1 were apprehended while depositing fake currency notes Anand 1 of 5 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.11 10:48:28 +0530 8. BA 3423-2026.doc in the Bank and the Assistant Manager of the Bank red flagged them and got them arrested. In the statement of Accused No. 2, it is stated that the said currency notes were given to him by Accused No. 3. No details of how and when the same were given is not mentioned. That apart, it is not the prosecution case that the entrio currency notes which were deposited in the Bank was fake. Only some of the notes of Rs.500/- therein were counterfeit currency notes. Next the prosecution has relied upon the statement of a third party prosecution witness called Wasim Akbar, who has stated that sometime in December, 2025 i. e. precisely one month before the date of the present incident in question, the said witness had given a hand loan of Rs. 30,000/- to the Applicant before me and towards repayment of the said loan, Applicant had repaid him Rs. 12,000/- by Phonepe app and the balance Rs. 18,000/- was paid by him in cash and that this entire amount of cash was of fake currency notes. The question that therefore arises in mind is about the nexus of the witness statement with the present crime and as to why did the said witness keep quiet for almost one month and how he did end up recording his statement with the police only after the present incident in question having occurred on 21.01.2026 qua Accused No. 1 and Accused No. 2 only. Prosecution is unable to explain the same at the threshold. Arguable case is made out Anand 2 of 5 8. BA 3423-2026.doc by learned Counsel for the Applicant for grant of bail with regard to the role attributed by the prosecution to the Applicant in the present case on the basis of the aforesaid prima facie observations. Applicant is released on bail. Bail Application is granted. 4. 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 – Bansilal Devilal Yadav is directed to be immediately released from prison in connection with CR. No. 23 of 2026; (ii) The Applicant is directed to be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount; (iii) The Applicant shall report to the Investigating Officer at Chavani Police Station, Nashik, once every month, on the first Monday of the 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) The Applicant shall co-operate with the conduct of the Anand 3 of 5 8. BA 3423-2026.doc trial and remain present before the Trial Court on all dates, unless specifically exempted. The Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) The Applicant shall not leave the country without the prior permission of the Trial Court and shall deposit his passport with the Trial Court; (vi) The Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) The Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii) Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 5. It is clarified that the observations made in this order are limited Anand 4 of 5 8. BA 3423-2026.doc 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. 6. The Bail Application No. 3423 of 2026 is allowed and disposed of in the above terms. (MILIND N. JADHAV, J.) Anand 5 of 5