Bombay High Court

KULDEEP SHARMAversusSTATE OF MAHARASHTRA

Decided: 28 January 2026
Disposal: Allowed
Bench: N R BORKAR

Holding

The court allowed the anticipatory bail application, finding that the allegations primarily pertained to co‑accused and not the applicant.

Summary

Kuldeep Sharma applied for anticipatory bail fearing arrest in a 2018 fraud case (Crime No.164) involving alleged impersonation of government officials and cheating Rs.59 lakh, punishable under IPC sections 420, 465, 467, 468, 471, 506 read with 34. The prosecution alleged his participation, while the applicant contended he had no contact with the victim and was not aware of the FIR, noting that charges were already filed against co‑accused. The State argued specific allegations against him and his alleged absconding. The court examined the charge sheet, observed that the primary accusations of impersonation and inducement were directed at the co‑accused, and consequently granted anticipatory bail. The order directed the applicant to furnish a bail bond of Rs.25,000 with sureties and to cooperate with the investigation as required.

Issues considered

Whether anticipatory bail should be granted to the applicant despite allegations of involvement in fraud and impersonation.
Whether the applicant's alleged absconding and specific allegations in the FIR justify denial of anticipatory bail.

Legislation cited

Indian Penal Code, 1860 — s. 34, 420, 465, 467, 468, 471, 506

Subjects

anticipatory bail
fraud
impersonation
IPC
bail bond
criminal procedure

Judgment

                                      1                  910-ABA 224-26.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
              ANTICIPATORY BAIL APPLICATION NO.224 OF 2026

Kuldeep Sharma                            … Applicant
      V/s.
The State of Maharashtra               … Respondent
                                    -----
Mr. Arvind Kumar Tiwari for the Applicant.
Mr. V. N. Sagare, APP for the Respondent-State.
API Shirish Shivaji Shinde, Azad Maidan PS is present.
                                    -----
                                CORAM : N.R. BORKAR, J.
                                DATE      : 28TH JANUARY 2026
P.C. :
1.       This is an Application for anticipatory bail.


2.       The Applicant is apprehending his arrest in Crime No.164 of 2018
registered with Azad Maidan Police Station for the offences punishable
under Sections 420, 465, 467, 468, 471, 506 read with 34 of the Indian
Penal Code, 1860.


3.       It is the case of the prosecution that the applicant and other co-
accused by impersonating to be high ranking officials of the Government
of India defrauded the first informant to the tune of Rs.59,00,000/- on the
pretext that they would get his American Express Bank Card activated.

4.       I have heard Learned Counsel for the Applicant and Learned APP for
the Respondent-State.


5.       Learned Counsel for the Applicant submits that the Applicant has
nothing to do with the alleged crime. It is submitted that he has never met


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                                    2               910-ABA 224-26.doc



the first informant. It is further submitted that the Applicant was not
aware about the registration of the crime. It is submitted that the
prosecution has already filed chargesheet against the other co-accused.


6.       On the other hand, Learned APP for the Respondent-State submits
that there are specific allegations against the present Applicant in the FIR.
It is submitted that since the date of registration of crime, the applicant is
absconding. It is submitted that considering the overall facts and
circumstances, the Applicant may not be released on anticipatory bail.


7.       I have perused the chargesheet. The allegations of impersonation
and inducement are against the co-accused. Considering the said facts, I
am inclined to release the Applicant on anticipatory bail. Hence, the
following order:-
                                        ORDER

      i. The Anticipatory Bail Application is allowed.
      ii. In the event of the arrest of the Applicant in Crime No.164 of
           2018 registered with Azad Maidan Police Station for the
           offences punishable under Sections 420, 465, 467, 468, 471,
           506 read with 34 of the Indian Penal Code, 1860, he shall be
           released on bail on furnishing a PR Bond in the sum of
           Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or
           two sureties in the like amount.
      iii. The Applicant shall attend the concerned Police Station as and
           when called for by the investigating officer for the purpose of
           further investigation, if any.

8.       The Anticipatory Bail Application is disposed of in the aforesaid
terms.
                                              (N.R. BORKAR, J.)



     Mugdha                                                                  2 of 2

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