KALYAN MAGAN BABARversusSTATE OF MAHARASHTRA AND ANR.

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIRCUIT BENCH AT KOLHAPUR
              CRIMINAL APPELLATE JURISDICTION

     ANTICIPATORY BAIL APPLICATION NO. 308 OF 2026

                KALYAN MAGAN BABAR
                     VERSUS
     THE STATE OF MAHARASHTRA AND ANOTHER
                          …
      Advocate for Applicant : Mr. Sangramsinh Yadav

      APP for Respondents/State : Mr. Anand S. Salgaonkar
                          …
                           CORAM : MEHROZ K. PATHAN, J.
                             DATE : 17th JUNE 2026

PER COURT :
1.       Heard the learned Counsel for the Applicant and the
learned APP for the State.


2.       The   Applicant     has   approached   this   Court,       seeking
anticipatory bail in connection with Crime No.292/2026 registered
with Sadar Bazar Police Station, District Solapur City for the offences
punishable under Sections 318(4), 336(2), 336(3), 338, 340(2),
61(2) of the Bharatiya Nyaya Sanhita, 2023.


3.       The case of the prosecution is that the husband of the
informant is serving in foreign country Oman since last 22 years and
he intermittently visits India. Informant herself is serving as a
Teacher at Solapur. Father in law of the informant has expired in year
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2015. Field admeasuring 8.5 Acres is standing in the name of
husband of the informant and field admeasuring 2 acres is standing
in the name of father-in-law of the informant. When the informant
saw the 7/12 extract online on 18/03/2026, she noticed that names
of Tanaji Raghunath Lengare, Raviraj Suresh Lengare and Dayanand
Shivshankar Swami are available instead of names of her husband
and father in law. Informant obtained certified copies of the sale
deeds from the office of Sub-Registrar, Solapur from which, she
learnt that field standing in the name of her husband is sold by Ajay
Arjun Bagal by posing himself as POA holder of her husband to
Raviraj Suresh Lengare and Tanaji Raghunath Lengare so also, field
standing in the name of father in law of the informant is sold by said
Ajay Bagal to Dayanand Shivshankar Swami. She also found that
POA dated 06/02/2026 allegedly executed by her husband and
father in law was annexed to those sale deeds. In fact, husband of the
informant was in Oman on the day of execution of said POA and her
father in law has already expired in year 2015. It was mentioned in
the sale deed that sale consideration mentioned in the sale deeds is
transferred by RTGS to the original owners. In fact, any such amount
is not received by the family of the informant. Address of the
executant is mentioned in the notarized POA to be of Landon from
which it is clear that said POA is forged and bogus document and
husband of the informant has confirmed that he has not executed any
such POA. On further inquiry, the informant learnt that Kalyan
Magan Babar (applicant) and his friends Ajay Arjun Bagal, Raviraj
Suresh   Lengare,   Tanaji   Raghunath    Lengare    and      Dayanand
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Shivshankar Swami have hatched conspiracy and by preparing bogus
POA, fields standing in the names of husband and father in law of the
informant have been transferred in the name of Raviraj Suresh
Lengare, Tanaji Raghunath Lengare and Dayanand Shivshankar
Swami.
.        On the basis of the report lodged as above, crime as
mentioned above came to be registered against the Applicant/
accused and others at P.S. Sadar Bazar, Solapur.


4.       The learned Counsel for the Applicant submits that the
Applicant is a stamp vendor issuing stamps in the Registry Office and
has been wrongly implicated in the present crime. The allegations in
the FIR primarily revolve around Ajay Bagal, Raviraj Lengare, Tanaji
Lengare, and Dayanand Swami, who are accused of hatching a
conspiracy to prepare a bogus power of attorney and transfer the
agricultural field standing in the name of the Complainant’s husband
and her father-in-law. The FIR itself suggests that the Applicant’s role
was limited to selling the stamp paper on which the alleged bogus
power of attorney was executed by the other accused persons. It is
further submitted that the Applicant has criminal antecedents in two
earlier cases, in which he was released on anticipatory bail. However,
in the present crime, the Applicant has no substantive role to play.
Despite this, he has been unnecessarily added as an accused. The
Applicant is ready to abide by any conditions that may be imposed by
this Court. Hence he may be protected.
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5.       As against this, the learned APP fairly submits that,
considering the limited role of the present Applicant and upon
instructions from the Investigating Officer who is present in Court, if
the Applicant cooperates with the investigation, directions may be
given to him to attend the police station.

6.       I have perused the allegations made in the FIR as well as
the investigation papers. It is informed by the learned APP that Ajay
Bagal and Raviraj Lengare, who played an active role in the present
crime, have already been arrested and released on bail. Taking into
account the limited role of the present Applicant, whose involvement
is confined to selling the stamp papers on which the alleged power of
attorney was executed, I do not find any impediment in releasing the
Applicant on anticipatory bail. Hence the following order :
                                  ORDER
(i)   In the event of arrest of the Applicant - Kalyan Magan Babar
in connection with Crime No.292/2026 registered with Sadar Bazar
Police Station, District Solapur City for the offences punishable under
Sections 318(4), 336(2), 336(3), 338, 340(2), 61(2) of the Bharatiya
Nyaya Sanhita, 2023, he be released on bail on furnishing P.R. bond
of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in
the like amount, on the following conditions :

(a) The Applicant shall attend the office of Crime Branch, Solapur,
on every Friday and Saturday between 11:00 a.m. and 01:00 p.m.
until the filing of the charge-sheet.
(b) The Applicant shall not tamper with the prosecution evidence
and shall not influence the witnesses.
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(c) The Applicant shall submit his Aadhar and PAN Cards to the
Investigating Officer and detailed addresses and phone numbers of
himself and two of the near relatives.

(d) A single violation of the conditions would entitle the
prosecution to seek cancellation of the bail of the Applicant.

(ii)       The application is allowed in the above terms and stands
disposed of.


                                          MEHROZ K. PATHAN
                                              JUDGE




NAJEEB..