Bombay High Court

SHAIKH SARIYA ATHAR HUSAIN AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided: 29 August 2026
Disposal: Dismissed

Holding

The court held that, on the basis of prima facie evidence of fraud and misappropriation, anticipatory bail could not be granted to the applicants.

Summary

The Bombay High Court considered a batch of anticipatory bail applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by teachers and staff of Malegaon High School and Junior College who were alleged to have been fraudulently appointed between 2012 and 2024. The prosecution alleged that 13 teachers were appointed on a 100% grant‑in‑aid basis with back‑dated appointment orders, resulting in a misappropriation of Rs. 2.69 crore. Evidence included statements of 29 senior teachers and headmasters that the accused had never worked at the school before June 2024, as well as discrepancies in qualifications and attendance records. The applicants argued that the appointments were legitimate, that they had merit, and that custodial interrogation was unnecessary. The court found prima facie material indicating participation in the fraud and concluded that the applicants were not entitled to anticipatory bail. Consequently, all the anticipatory bail applications were rejected.

Issues considered

Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of alleged fraudulent appointments and misappropriation of government funds.
Whether the existence of prima facie evidence of offences under Sections 318(4), 336(2), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 justifies denial of anticipatory bail.
Whether the applicants' claim of merit and lack of necessity for custodial interrogation is sufficient to merit bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482
Bharatiya Nyaya Sanhita — s. 318(4), 336(2), 336(3), 338, 340(2), 61(1), 61(2)

Subjects

anticipatory bail
fraud
bogus appointments
misappropriation of funds
education sector
Section 482
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
economic offences
false records
school recruitment

Judgment

01-ABA-2322-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.2322 OF 2025

Mohammad Ishaque Khalil Ahmad …Applicant
Versus
The State of Maharashtra & Ors. …Respondents

WITH
INTERIM APPLICATION NO.3398 OF 2025
IN
ANTICIPATORY BAIL APPLICATION NO.2322 OF 2025

Zainab Mohammed …Applicant
Versus
The State of Maharashtra & Ors. …Respondents

WITH
ANTICIPATORY BAIL APPLICATION NO.2361 OF 2025

Nasir Husain Mohammad Ali Ansari …Applicant
Versus
The State of Maharashtra & Anr. …Respondents

WITH
INTERIM APPLICATION NO.3371 OF 2025
IN
ANTICIPATORY BAIL APPLICATION NO.2361 OF 2025

Zainab Mohammed …Applicant
Versus
The State of Maharashtra & Anr. …Respondents

WITH
ANTICIPATORY BAIL APPLICATION NO.2360 OF 2025

Abu Horaira Mohammad Ibrahim …Applicant
Versus

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The State of Maharashtra & Anr. …Respondents

WITH
INTERIM APPLICATION NO.3399 OF 2025
IN
ANTICIPATORY BAIL APPLICATION NO.2360 OF 2025

Zainab Mohammed …Applicant
Versus
The State of Maharashtra & Anr. …Respondents

WITH
ANTICIPATORY BAIL APPLICATION NO.2503 OF 2025

Zahid Husain Mohammad Ali …Applicant
Versus
The State of Maharashtra & Anr. …Respondents

WITH
ANTICIPATORY BAIL APPLICATION NO.3463 OF 2025

Aalia Mohammed Mustafa & Anr. …Applicants
Versus
The State of Maharashtra & Anr. …Respondents

WITH
ANTICIPATORY BAIL APPLICATION NO.3465 OF 2025

Shaikh Sariya Athar Husain & Ors. …Applicants
Versus
The State of Maharashtra & Anr. …Respondents

WITH
ANTICIPATORY BAIL APPLICATION NO.3484 OF 2025

Afeefa Aafreen Mohammad Ameen …Applicants

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Versus
The State of Maharashtra …Respondent

Mr. Mihir Desai, Senior Advocate a/w Momin Musaddique Ahmed
i/b Parth H. Zaveri, for the Applicants in ABA/2322/2025.

Mr. Mihir Desai, Senior Advocate a/w Parth H. Zaveri i/b Momin
Musaddique Ahmed, for the Applicants in ABA/2503/2025 &
ABA/3465/2025.

Mr. Mihir Desai, Senior Advocate a/w Mohd. Hussain Bubere i/b
Javed Patel, for the Applicants in ABA/2360/2025,
ABA/2361/2025 & ABA/3463/2025.

Mr. N. R. Bubna, for the Applicants in ABA/3484/2025.

Mr. Sanjeev B. Deore a/w Arman Ansari & Aditya S. Deore i/b
Suchita J. Pawar, for the Applicant/Intervenor in IA/3371/2025 in
ABA/2361/2026.

Ms. M. M. Deshmukh, Additional PP, for the Respondent-State.

API Ganesh Wagh & Head Constable Masule, Pawarwadi Police
Station, Nashik Rural, present.

Police Constable Pawar, EOW, Nashik Rural, present.

CORAM: MADHAV J. JAMDAR, J.
DATED: 29 AUGUST 2026
PC:-

1. Heard Mr. Desai, learned Senior Counsel appearing for the

Applicants in Anticipatory Bail Application Nos.2322 of 2025, 2361

of 2024, 2360 of 2025, 2503 of 2025, 3463 of 2025 and 3465 of

2025, Mr. Bubna, learned Counsel appearing for the Applicants in

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Anticipatory Bail Application No.3484 of 2025, Mr. Deore, learned

Counsel appearing for the Intervenor in Interim Application

No.3371 of 2025 and Ms. Deshmukh, learned Additional Public

Prosecutor, for the Respondent-State of Maharashtra.

2. By these Anticipatory Bail Applications filed under Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the

Applicants are seeking pre-arrest bail in connection with CR

No.181 of 2025 registered with the Pawarwadi Police Station,

Nashik Rural, for the offences punishable under Sections 318(4),

336(2), 338, 336(3), 340(2) and 61(1) of the Bharatiya Nyaya

Sanhita, 2023.

3. It is the submission of Mr. Mihir Desai, learned Senior

Counsel, that in the year 2013 and prior thereto, the sanctioned

strength of Malegaon High School and Junior College, Malegaon,

as determined by the Education Officer (Secondary), Zilla

Parishad, Nashik, was 70 aided teachers and 32.5 unaided

teachers. He submits that, suddenly, for the academic year 2014-

15, the said sanctioned strength was reduced to 55 aided teachers

and 32 unaided teachers. He submits that the allegation of the

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prosecution that 13 teachers were appointed in the year 2024 and

that their appointments were shown to have been from earlier

dates is totally incorrect. He submits that all these teachers were

working since the date of their respective appointments. In support

of these contentions, learned Senior Counsel tenders a compilation

of documents (Pages 1-358) and a compilation of records (Pages 1-

124). Learned Senior Counsel submits that in most of the cases,

advertisements were issued and interviews were conducted, and

since sanctioned strength was not available, the teachers were

appointed on unaided basis. He submits that, for the academic year

2021-22 the sanctioned teaching posts were restored to 69 and 31

unaided posts were also granted (Page 26), and the same was

finalized on 19th January 2024 (Page 26). He submits that

retrospective effect was given to the same by the letter dated 6th

July 2022 and 9th November 2023 of the Education Officer

(Secondary), Zilla Parishad, Nashik (Page 22 to 23). He submits

that, therefore, proposals in respect of these teachers, who were

already working, were submitted to the Authorities and the said

proposals were sanctioned. Accordingly, the respective teachers

received arrears of back wages. He submits that there is extensive

material on record in the form of advertisements, records of

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interviews, resolutions of the school committee and attendance

musters. He submits that the prosecution is mainly relying on the

statements of teachers who are alleging that, instead of these 13

teachers, they should have been given benefit of aided posts. He

submits that, therefore, in fact, the FIR has been lodged by one

such disgruntled teacher and, therefore, all the Applicants are

entitled for anticipatory bail. He submits that, in any case, the

entire record has been seized by investigating machinery and,

therefore, custodial interrogation is not necessary.

4. Mr. Bubna, learned Counsel adopted the submissions of Mr.

Mihir Desai, learned Senior Counsel and submitted that the

Applicant is a meritorious candidate and secured employment on

merits. However, Mr. Bubna, learned counsel fairly accepted that

there is no record of issuance of any advertisement pursuant to

which, the Applicant has been appointed.

5. On the other hand, Ms. Deshmukh, learned Additional PP,

submits that all these persons were appointed in the year 2024,

after the sanctioned teaching posts were increased to 69 with

retrospective effect and that for the purpose of claiming arrears of

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salary, their appointments have been shown as having been made

from the year 2012 onwards. She submits that the entire record

prepared for showing that these 13 persons were appointed is

bogus record. Ms. Deshmukh, learned Additional PP, states that not

only 29 teachers who were working in the said school since 2013

have given the statements, however, the principals during whose

tenure about 8 teachers were allegedly appointed have also given

the statement that they were not aware of such appointment of

these teachers. She submits that, insofar as the other teachers are

concerned, they were appointed during the tenure of headmaster

who is also accused in the present case.

6. Mr. Deore, learned Counsel for the Intervenor/First

Informant, submits that two of the teachers were working in

another school during the said period and that one of the teachers

acquired qualification only after the appointment. He submits that

for the academic year 2014-15 sanctioned strength was reduced to

55 aided teachers and that, for the first time, an application for

restoration of the sanctioned strength was purportedly made by

the headmaster on 30th June 2022. He submits that, although such

letters are annexed to the Anticipatory Bail Application dated 30th
01-ABA-2322-2025.DOC

June 2022 and 8th November 2023, however, there is no

acknowledgment of the same. He submits that although these 13

teachers were appointed in the year 2024, the bogus record is

prepared showing that they were appointed from the year 2012

onwards. He submits that although attendance muster is relied

upon, the same is not certified by the concerned Headmaster and

Education Officer. He, therefore, submits that the Anticipatory Bail

Applications be dismissed.

7. The prosecution case is set out in Paragraph Nos.3 to 5 of

the Order dated 12th August 2025 passed by the learned

Additional Sessions Judge, Malegaon, District Nashik in Criminal

Bail Application No.754 of 2025 filed by Mohammad Ishaque

Khalil Ahmad and another, which reads as under:

“3. It is case of prosecution that informant - Jainab
Mohd. was employed as Assistant Teacher since
17/06/2013 in Anjuman Moinu-Tulba school to teach
science and mathematics. Malegaon High School and
Junior College are run under it. Mohammad Ishaq Khalil
Ahmed is Chairman, Zahid Hussain Mohammad Ali is
Principal and Nasir Hussain Mohammad Ali is Clerk of
the said institution. Sima Tarannum Nihal Ahmed has
been appointed as Assistant Teacher in the said school
since 2013. They are paid Rs.18345/- p.m. as
honorarium.

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4. In November 2023, they were approved by the
government as per the 20% pay scale. Since 2016 till
date, there are many vacant posts on grant basis in the
school due to retirement of teachers. Since they are in
service in the school, they requested the institution
management and the principal that their transfer from
ungranted basis to grant basis should be done as per the
government decisions of June 2016, April 2021,
December 2022 and April 2024. But the school
management and principal demanded donation amount
of Rs.5,00,000/- from them which they could not pay
them. They recruited all the vacant posts of 100% grant
basis by taking donation from new candidates.

5. Chairman : Mohammad Ishaq Khalil Ahmed,
Principal: Zahid Hussain Mohammad Ali, Clerk : Nasir
Hussain Mohammad Ali and Sr. Clerk: Abu Hurairah, as
well as Agent : Naveed Akhtar Sagir Ahmed have
conspired to appoint the 13 teachers from June 2024,
showing the previous dates of their outstanding salaries
by preparing fake appointment documents from the year
2012 to the year 2021 and sent their names to the
Education Officer for approval and have approved 100%
of their outstanding salaries of Rs.2,69,56,194/-. Thus,
accused have misappropriated huge amount of
Rs.2,69,56,194/-and hence, cheated the complainant
and the government by making false and forged record.
The names and details of those 13 teachers are
mentioned in this report/complaint.”

8. Before considering the rival submissions, it is necessary to

set three Charts tendered by the learned Additional Public

Prosecutor. In the first Chart, the details of the 13 disputed

appointments, which are subject matter of FIR are set out, in the

second and third Chart the details concerning the Applicants in

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respect of each of the Anticipatory Bail Applications and their

particular role is set out:-

Sr. Teacher Name Appointme Advertised Decree Advertisement Advertisement Interview Appointment
No. nt date & Educational Obtating Date Date Subject Date Date
Birth Date Qualification
6 Naim Akhtar 25 Years HSC D.Ed 30/12/2009 Date not -- 02/12/2012 15/12/2012
Shabbir 20/7/87 mentioned
Ahmad

14 Aaliya 29 Years B.Sc. B.Ed 30/05/2013 15/05/2014 -- 05/06/2014 15/06/2014
Mohammad 20/1/93
Mustafa

7 Imtiyaz 29 Years B.Sc. B.Ed June 2011 15/05/2014 -- 05/06/2014 16/06/2014
Ahmad Riyaz 19/3/85
Ahmad

15 Sana Kausar 26 Years B.A. B.Ed B.Sc. B.Ed 13/07/2019 English 22/07/2019 02/08/2019
Ashfaque 25/11/94 English 15/07/2019
Ahmad

10 Sheikh Aarif 31 Years B.A. B.Ed 14/05/2018 13/07/2019 Urdu 22/07/2019 02/08/2019
Ibrahim 20/3/88 Urdu

16 Sariya 23 Years B.Sc. B.Ed 05/06/2014 15/05/2014 -- 05/06/2014 15/06/2014
Mohammad 23/11/90 B.Sc. B.Ed 24/11/2020 10/07/2020 Science 25/07/2020 03/08/2020
Tahir alias 27 Years
Sheikh Sariya 27/6/98
Althaf Hussain

17 Ansari 23 Years B.Sc. B.Ed 13/08/2021 Date not Science 07/08/2021 23/08/2021
Sumaiya 12/8/98 mentioned
Shakeel
Ahmad

18 Tasneem 24 Years B.Sc. B.Ed 13/08/2021 Date not Science 07/08/2021 23/08/2021
Kausar 6/9/98 mentioned
Mohammad
Amin

19 Afreen Aafrin 24 Years B.P. Ed December Date not ---- 12/08/2023 1E/09/2023
Mohammad 16/10/99 2022 mentioned
Shafeeq

20 Sumaiya Sadaf 28 Years B.Sc. B.Ed 13/07/2021 14/1/2021 English 27/08/2021 02/09/2021
Mohammad 8/3/93
Shafique

08 Afaque Anjum 29 Years B.Sc. B.Ed 14/09/2022 Date not Science, Math 06/08/2022 17/08/2022
Ashfaque 20/9/93 Science, Math mentioned
Ahmad

09 Faheem 20 Years B.Sc. B.Ed D.El.Ed 13/07/2019 Math 22/07/2019 02/08/2019
Ahmad Iqbal 1/12/99 math 28/08/2019
Ahmad

21 Ansari Mariya
Darakh
Masood
Ahmad

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PAWARWADI POLICE STATION — CR No. 181/2025
BNS Sections 318(4), 336(2), 338, 336(3), 340(2), 61(2), 316(4), 316(5), 238
Economic Offences Branch, Nashik Rural

CALENDAR OF EVIDENCE AGAINST 13 TEACHER-ACCUSED

Sr. Anticipatory Bail / Name of Accused Involvement
No. Bail Application No. in the Crime
1. ABA/3463/2025 Aaliya Mohammd 1. She is actually working as an
Assistant Teacher in the said
Mustafa Assistant
school since June 2024,
Teacher
whereas her appointment is
shown retrospectively as having
been made on 16/06/2014.
Without performing work, she
received salary of ₹55,78,998
from the Government.

2. Twenty-nine teachers of the
said school have recorded
statements that she has not
actually been working as an
Assistant Teacher in the said
school since June 2024.

3. The Headmasters during the
period of her purported
appointment have stated that
they did not join/induct her
and had not seen her in the
school. Statements under
Section 183 of the BNSS have
been recorded.

4. She colluded with the school
management in preparing false
records and participated in the
conspiracy.

5. She received the differential
salary amount in her account
for the period during which she
did not perform her duties and
used it for her personal benefit.

6. Without working as a
Shikshan Sevak, she obtained
the post of Assistant Teacher
through illegal means.

7. Her name is not included in
the U-DISE system.

2. ABA/3463/2025 Ansari Maria Draf Masood 1. She is actually working as an
Assistant Teacher in the said
Ahmad -Assistant Teacher
school since June 2024,
whereas her appointment is
shown retrospectively as
having been made on
02/08/2019. Without
performing work, she received
salary of ₹13,92,445 from the
Government.

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2. Twenty-nine teachers of the
said school have recorded
statements that she has not
actually been working as an
Assistant Teacher in the said
school since June 2024.

3.She colluded with the school
management in preparing false
records and participated in the
conspiracy.

4.She received the differential
salary amount in her account
for the period during which she
did not perform her duties and
used it for her personal benefit.

5.Without working as a
Shikshan Sevak, she obtained
the post of Assistant Teacher
through illegal means.

6. Her name is not included in
the U-DISE system.
3. ABA/3463/2025 Ansari Sumaila Shakeel 1. She is actually working as an
Assistant Teacher in the said
Ahmad -Assistant
school since June 2024,
Teacher
whereas her appointment is
shown retrospectively as having
been made on 03/08/2020.
Without performing work, she
received salary of ₹11,33,613
from the Government.

2. Twenty-nine teachers of the
said school have recorded
statements that she has not
actually been working as an
Assistant Teacher in the said
school since June 2024.

3.The Headmasters during the
period of her purported
appointment have stated that
they did not join/induct her and
had not seen her in the school.
Statements under Section 183
of the BNSS have been
recorded.

4.She colluded with the school
management in preparing false
records and participated in the
conspiracy.

5.She received the differential
salary amount in her account
for the period during which she
did not perform her duties and
used it for her personal benefit.

6.Without working as a
Shikshan Sevak, she obtained
the post of Assistant Teacher

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through illegal means.

7.Her name is not included in
the U-DISE system.

8.Despite an order that
recruitment was stopped during
the COVID period in 2020, her
recruitment has been shown as
having taken place.

4. ABA/3465/2025 Sheikh Sariya Athar 1. She is actually working as an
Assistant Teacher in the said
Husain - Assistant
school since June 2024,
Teacher
whereas her appointment is
shown retrospectively as having
been made on 16/06/2014.
Without performing work, she
received salary of ₹53,94,000
from the Government.

2. Twenty-nine teachers of the
said school have recorded
statements that she has not
actually been working as an
Assistant Teacher in the said
school since June 2024.

3.The Headmasters during the
period of her purported
appointment have stated that
they did not join/induct her and
had not seen her in the school.
Statements under Section 183
of the BNSS have been
recorded.

4.She colluded with the school
management in preparing false
records and participated in the
conspiracy.

5.She received the differential
salary amount in her account
for the period during which she
did not perform her duties and
used it for her personal benefit.

6.Without working as a
Shikshan Sevak, she obtained
the post of Assistant Teacher
through illegal means.

7.Her name is not included in
the U-DISE system.
5. ABA/3465/2025 Sana Kausar Ashfaq 1.She is actually working as an
Assistant Teacher in the said
Ahmad -Assistant
school since June 2024,
Teacher
whereas her appointment is
shown retrospectively as having
been made on 02/08/2019.
Without performing work, she
received salary of ₹18,37,445
from the Government.

2. Twenty-nine teachers of the

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said school have recorded
statements that she has not
actually been working as an
Assistant Teacher in the said
school since June 2024.

3. The Headmasters during the
period of her purported
appointment have stated that
they did not join/induct her and
had not seen her in the school.
Statements under Section 183
of the BNSS have been
recorded.

4. She colluded with the school
management in preparing false
records and participated in the
conspiracy.

5. She received the differential
salary amount in her account
for the period during which she
did not perform her duties and
used it for her personal benefit.

6. Without working as a
Shikshan Sevak, she obtained
the post of Assistant Teacher
through illegal means.

7. Her name is not included in
the U-DISE system.
6. ABA/3465/2025 Tasneem Firdous 1.She is actually working as an
Assistant Teacher in the said
Mohammd -Assistant
school since June 2024,
Teacher
whereas her appointment is
shown retrospectively as
having been made on
23/08/2021. Without
performing work, she received
salary of ₹3,76,722 from the
Government.

2. Twenty-nine teachers of the
said school have recorded
statements that she has not
actually been working as an
Assistant Teacher in the said
school since June 2024.

3.She colluded with the school
management in preparing
false records and participated
in the conspiracy.

4. She received the differential
salary amount in her account
for the period during which
she did not perform her duties
and used it for her personal
benefit.

5. Without working as a
Shikshan Sevak, she obtained

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the post of Assistant Teacher
through illegal means.

6. Her name is not included in
the U-DISE system.

7. ABA/3465/2025 Sumaiya Sadaf Mohammad 1.She is actually working as an
Assistant Teacher in the said
Hanif - Assistant Teacher
school since June 2024,
whereas her appointment is
shown retrospectively as having
been made on 16/09/2023.
Without performing work, she
received salary of ₹46,334 from
the Government.

2. Twenty-nine teachers of the
said school have recorded
statements that she has not
actually been working as an
Assistant Teacher in the said
school since June 2024.

3. She colluded with the school
management in preparing false
records and participated in the
conspiracy.

4.She received the differential
salary amount in her account
for the period during which she
did not perform her duties and
used it for her personal benefit.

5. Without working as a
Shikshan Sevak, she obtained
the post of Assistant Teacher
through illegal means.

6. Her name is not included in
the U-DISE system.
8. ABA/3484/2025 Afifa Afrin Mohammad 1. She is actually working as
an Assistant Teacher in the
Amin Assistant Teacher
said school since June 2024,
whereas her appointment is
shown retrospectively as
having been made on
23/08/2021. Without
performing work, she received
salary of ₹4,65,717 from the
Government.

2. Twenty-nine teachers of the
said school have recorded
statements that she has not
actually been working as an
Assistant Teacher in the said
school since June 2024.
3. She colluded with
the school
management in
preparing false
records and
participated in the
conspiracy.

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4. She received the
differential salary amount in
her account for the period
during which she did not
perform her duties and used it
for her personal benefit.

5. Without working as a
Shikshan Sevak, she obtained
the post of Assistant Teacher
through illegal means.

6. Her name is not included in
the U-DISE system.

9. BA/1580/2026 Naeem Akhtar Sagir 1. He is actually working as
an Assistant Teacher in the
Ahmad - Assistant Teacher
said school since June 2024,
Arrested and presently in whereas his appointment is
judicial custody shown retrospectively as
having been made on
15/12/2012. Without
performing work, he received
salary of ₹49,21,315 from the
Government.

2. Twenty-nine teachers of the
said school have recorded
statements that he has actually
been working as an Assistant
Teacher in the said school
since June 2024.

3. The Headmasters during the
period of his purported
appointment have stated that
they did not join/induct him
and had not seen him in the
school. Statements under
Section 183 of the BNSS have
been recorded.

4. He colluded with the school
management in preparing
false records and participated
in the conspiracy.

5. He received the differential
salary amount in her account
for the period during which he
did not perform his duties and
used it for his personal benefit.

6. Without working as a
Shikshan Sevak, he obtained
the post of Assistant Teacher
through illegal means.

7. His name is not included in
the U-DISE system.

8. During 2018 to 2020, he

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was studying as a regular
student for B.Ed. at Sardar
College of Education,
Malegaon.

9. The accused, Naeem Akhtar
Sagir Ahmad, is an agent. The
applicant/accused immediately
transferred ₹46,00,000, being
the differential amount
received in his account, to the
bank account of the said agent.
10. BA/1355/2026 Imtiyaz Ahmad Riyaz 1. He is actually working as an
Assistant Teacher in the said
Ahmad - Assistant
school since June 2024,
Teacher Arrested and
whereas his appointment is
presently on bail shown retrospectively as having
been made on 16/06/2014.
Without performing work, he
received salary of ₹54,77,000
from the Government.

2. Twenty-nine teachers of the
said school have recorded
statements that he has actually
been working as an Assistant
Teacher in the said school
since June 2024.

4. He colluded with the school
management in preparing false
records and participated in the
conspiracy.

5. He received the differential
salary amount in his account for
the period during which he did
not perform his duties and used
it for his personal benefit.

6. Without working as a
Shikshan Sevak, he obtained
the post of Assistant Teacher
through illegal means.

7. His name is not included in
the U-DISE system.
11. BA/1355/2026 Afaque Anjum Ashfaq 1. He is actually working as an
Assistant Teacher in the said
Ahmad - Assistant Teacher
school since June 2024,
Arrested and presently in
whereas his appointment is
judicial custody shown retrospectively as having
been made on 02/09/2021.
Without performing work, he
received salary of ₹4,62,927
from the Government.

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2. Twenty-nine teachers of the
said school have recorded
statements that he has actually
been working as an Assistant
Teacher in the said school
since June 2024.

3. He colluded with the school
management in preparing false
records and participated in the
conspiracy.

4. He received the differential
salary amount in his account for
the period during which he did
not perform his duties and used
it for his personal benefit.

5. Without working as a
Shikshan Sevak, he obtained
the post of Assistant Teacher
through illegal means.

6. His name is not included in
the U-DISE system.

7. Although the accused Afaque
Ahmad was appointed at
Jamhoor High School,
Malegaon, under Anjuman
Talim-e-Jamhoor from
02/09/2021 to 01/09/2024,
he has been shown as working
as a Shikshan Sevak at D
Malegaon High School and
Junior College, Malegaon.
12. BA/1355/2026 Faheem Ahmad Iqbal 1. He is actually working as an
Assistant Teacher in the said
Ahmad - Assistant
school since June 2024,
Teacher Arrested and
whereas his appointment is
presently on bail shown retrospectively as having
been made on 17/06/2022.
Without performing work, he
received salary of ₹2,99,387
from the Government.

2. Twenty-nine teachers of the
said school have recorded
statements that he has actually
been working as an Assistant
Teacher in the said school
since June 2024.

3. He colluded with the school
management in preparing false
records and participated in the
conspiracy.

4. He received the differential
salary amount in his account for
the period during which he did
not perform his duties and used
it for his personal benefit.

5. Without working as a
Shikshan Sevak, he obtained

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01-ABA-2322-2025.DOC

the post of Assistant Teacher
through illegal means.

6. His name is not included in
the U-DISE system.

7. The accused obtained his
B.Sc., B.Ed. degree on
14/09/2022, whereas he was
appointed in the said school
on 17/06/2022, i.e. before
obtaining the degree.
13. BA/1355/2026 Sheikh Arif Ibrahim - 1. He is actually working as an
Assistant Teacher in the said
Assistant Teacher
school since June 2024, whereas
Arrested and presently his appointment is shown
in judicial custody retrospectively as having been
made on 02/08/2019. Without
performing work, he received
salary of ₹18,37,962 from the
Government.

2. Twenty-nine teachers of the
said school have recorded
statements that he has actually
been working as an Assistant
Teacher in the said school since
June 2024.

4. He colluded with the school
management in preparing false
records and participated in the
conspiracy.

5. He received the differential
salary amount in his account for
the period during which he did
not perform his duties and
used it for his personal benefit.

6. Without working as a
Shikshan Sevak, he obtained
the post of Assistant Teacher
through illegal means.

7. The accused Sheikh Arif
Ibrahim worked as a Shikshan
Sevak and honorary employee
at Crescent Urdu High School,
Malegaon, from 01/07/2019 to
31/03/2020, and also received
salary during the said period.

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01-ABA-2322-2025.DOC

Pawarwadi Police Station Crime No. 181/2025 Sections: 318(4), 336(2), 338,
336(3), 340(2), 61(2), 316(4), 316(5), 238 BNS
Case Overview: Between 2012 and 2024, at The Malegaon High
School and Junior College (run by Anjuman Moinu Tulba,
Malegaon), 13 bogus teachers were illegally recruited on a 100%
grant-in-aid basis. Fraudulent arrears amounting to ₹2,69,56,194/-
were wrongfully drawn from the government from their fake
appointment dates. Based on the complaint of a senior female
teacher whose seniority was bypassed, the case was registered on
27/07/2025 against the accused listed below.

Calendar of Evidence

Sr. Bail Accused Name Role/Involvement in Page
No. Applicatio Offence
in
n No.
Compilation
1. ABA/ Mohammad Ishaq Khalil Ahmad 1. Serves as Society Chairman (named in FIR). 1 to 4
2322/2025 (Chairman)
2. Authorized to appoint teachers.
4-34
3. Sent 13 teacher appointment orders for
approval.

4. Bypassed seniority of complainant and others
for not paying donations; fabricated backdated 5-34
appointment documents for 13
non-donating/donating individuals and submitted
them under his signature.

5. Statements of 29 teachers confirm these 13 35-46
bogus teachers were not in school from their
alleged appointment dates and only appeared 147
physically in June 2024.
154
6. Headmasters froms the appointment period
gave statements under Sec 183 BNSS confirming
they never joined or taught.

7. Remained in continuous contact with agent
accused.

8. Facilitated the embezzlement of ₹2,69,56,194/-
in government funds using fake staff approvals.
2. ABA/ Jahid Hussain Mohammad Ali 1. Works as Principal (named in FIR). 1-4
2503/2025 (Principal) 2. Approved salary/arrears bills (as DDO) for 13
bogus teachers. 3. Submitted full proposal
packages (appointment orders, interview/marking
sheets, qualifications, ads, joining reports, staff
approval, minority orders).
4. Signed fake attendance registers and service
books.
5. Attested fake documents and forwarded them to
the education department.
6. Statements from 29 teachers confirm these 13 5-34
teachers were not in school until June 2024.
7. Statements under Sec 183 BNSS from former 35-46
headmasters confirm they never reported or
taught.
8. Maintained frequent contact with the agent
accused. 154
9. Assisted in embezzling ₹2,69,56,194/- using
fake documents.
3. ABA/ Nasir Hussain Mohammad Ali 1. Works as a Clerk in the school (named in FIR). 1-4
2361/2025 (Clerk) 2. Prepared fake attendance registers and service
books for Accused Nos. 6–10 & 14–21.
3. Entered false log entries from 2012 to June
2024.
4. Prepared Shikshan Sevak/Regular Teacher
approval proposals using fake documents.
5. Prepared fake salary arrears bills.
6. Assisted in getting fake arrears bills processed.
7. Conspired with co-accused to embezzle
government funds despite knowing appointments
were fraudulent. 5-34
8. Statements of 29 teachers confirm bogus

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01-ABA-2322-2025.DOC

teachers were not in school until June 2024. 35-46
9. Headmaster statements under Sec 183 BNSS
confirm they were never joined.
10. Transferred ₹15 Lakh via RTGS to purchase a
Mahindra XUV 3XO for Accused No. 13 (Uday 147
Deore, Deputy Education Officer); vehicle seized.
11. Assisted in embezzling ₹2,69,56,194/-.
12. Maintained active contact with the agent
accused.
4. ABA/ Abu Huraira Mohammad Ibrahim 1. Works as Senior Clerk (named in FIR). 1-4
2360/2025 (Senior Clerk) 2. Prepared fake attendance registers and service
books for Accused Nos. 6–10 & 14–21.
3. Made false entries for 2012 to June 2024.
4. Prepared Shikshan Sevak/Regular Teacher
proposals on bogus documents. 5. Prepared fake
arrears bills.
6. Assisted in processing fake arrears approvals.
7. Conspired to embezzle funds knowing the
documents were fake.
8. Statements of 29 teachers confirm bogus 5-34
teachers were not in school until June 2024.
9. Statements under Sec 183 BNSS confirm they 35-46
never taught or joined.
10. Assisted in embezzling ₹2,69,56,194/-. 154
5. ABA/ Aalia Mohammad Mustafa 1. Physically active as Assistant Teacher only from 154
3463/2025 (Assistant Teacher) June 2024, but backdated appointment shown as
16/06/2014. Wrongfully drew ₹55,58,998/- in
salary. 5-34
2. Statements of 29 teachers confirm physical
presence only from June 2024. 35-46
3. Former headmasters confirmed via Sec 183
BNSS statements that she never joined or taught.
4. Conspired with management to create fake
records. 154
5. Used unearned salary/arrears funds deposited
in her bank account for personal benefit. 5-34
6. Illegally obtained the Assistant Teacher post
without performing Shikshan Sevak duties.
6. ABA/ Ansari Maria Durruf Masood 1. Active physically from June 2024; backdated 154
3463/2025 Ahmed (Assistant Teacher) appointment shown as 02/08/2019. Wrongfully
drew ₹13,92,445/-.
2. 29 teacher statements confirm presence only 5-34
from June 2024.
3. Sec 183 BNSS statements confirm she never 35-46
joined or taught.
4. Conspired to generate fake records.
5. Used unearned salary arrears for personal gain. 154
6. Illegally obtained post without performing 5-34
Shikshan Sevak duties.
7. ABA/ Ansari Sumaila Shakeel Ahmed 1. Active physically from June 2024; backdated 154
3463/2025 (Assistant Teacher) appointment shown as 03/08/2020. Wrongfully
drew ₹11,33,613/-.
2. 29 teacher statements confirm presence only 5-34
from June 2024.
3. Sec 183 BNSS statements confirm she never 35-46
joined or taught.
4. Conspired to generate fake records.
5. Appropriated unearned salary arrears into 154
personal account.
6. Illegally obtained post without performing 5-34
Shikshan Sevak duties.
8. ABA/ Sheikh Sariya Athar Hussain 1. Active physically from June 2024; backdated 154
3465/2025 (Assistant Teacher) appointment shown as 16/06/2014. Wrongfully
drew ₹53,94,000/-.
2. 29 teacher statements confirm presence only 5-34
from June 2024.
3. Sec 183 BNSS statements confirm she never 35-46
joined or taught.
4. Conspired to generate fake records.
5. Used unearned salary arrears for personal gain. 154
6. Illegally obtained post without performing 5-34
Shikshan Sevak duties.
9. ABA/ Sana Kausar Ashfaque Ahmed 1. Active physically from June 2024; backdated 154
3465/2025 (Assistant Teacher) appointment shown as 02/08/2019. Wrongfully
drew ₹18,37,445/-.
2. 29 teacher statements confirm presence only 5-34
from June 2024.
3. Sec 183 BNSS statements confirm she never 35-46
joined or taught.
4. Conspired to generate fake records.
5. Appropriated unearned salary arrears into 154
personal account.
6. Illegally obtained post without performing 5-34
Shikshan Sevak duties.
10. ABA/ Tehseen Firdous Mohammad 1. Active physically from June 2024; backdated 154
3465/2025 (Assistant Teacher) appointment shown as 23/08/2021. Wrongfully

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01-ABA-2322-2025.DOC

drew ₹3,76,522/-.
2. 29 teacher statements confirm presence only 5-34
from June 2024.
3. Sec 183 BNSS statements confirm she never 35-46
joined or taught.
4. Conspired to generate fake records.
5. Appropriated unearned salary arrears for 154
personal gain.
6. Illegally obtained post without performing 5-46
Shikshan Sevak duties.
11. ABA/ Sumayya Sadaf Mohammad 1. Active physically from June 2024; backdated 154
3465/2025 Hanif (Assistant Teacher) appointment shown as 16/09/2023. Wrongfully
drew ₹3,46,334/-.
2. 29 teacher statements confirm presence only 5-34
from June 2024.
3. Sec 183 BNSS statements confirm she never 35-46
joined or taught.
4. Conspired to generate fake records.
5. Appropriated unearned salary arrears for 154
personal gain.
6. Illegally obtained post without performing 5-34
Shikshan Sevak duties.
12. ABA/ Afeefa Aafreen Mohammad Amin 1. Active physically from June 2024; backdated 154
3484/2025 (Assistant Teacher) appointment shown as 23/08/2021. Wrongfully
drew ₹4,65,517/-.
2. 29 teacher statements confirm presence only 5-34
from June 2024
3. Sec 183 BNSS statements confirm she never 35-46
joined or taught.
4. Conspired to generate fake records.
5. Appropriated unearned salary arrears for 154
personal gain.
6. Illegally obtained post without performing 5-35
Shikshan Sevak duties.

9. The above Charts shows that, insofar as the teachers namely,

Naeem Akhtar Sagheer Ahmed, Aaliya Mohammed Mustafa,

Imtiyaz Ahmed Riyaz Ahmed, Sana Kauser Ashfaque, Shaikh Arif

Ibrahim, Sariya Mohammad Tahir @ Shaikh Sariya Athar Hussain,

Ansari Sumaila Shakeen Ahmed are concerned, all of them were

appointed during the tenure of different Headmasters during the

period of 2012 to 2019 and all these Headmasters have given the

statements that these accused were never appointed as teachers

during their tenure and they have not seen them teaching when

they were the Headmasters. The Headmaster appointed after 2019

is also accused in the present case.

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01-ABA-2322-2025.DOC

10. Perusal of the prosecution papers submitted to the Court

shows that all these headmasters have stated that these persons

were never appointed by them and they had never worked as

teachers during their respective tenures. 29 teachers who are

working in the said school, most of whom have been working since

the year 2013, have also given statements to the effect that before

2024 these teachers were never seen to be working in the said

school and they were appointed only in the year 2024.

11. There is also other material on record which shows that

some of the teachers were working in different schools during the

period when they have been shown as serving in the subject school

or that they acquired requisite qualification only after the dates on

which they have been shown to be appointed. However, as the case

is still under investigation, and, therefore, it it not necessary to

discuss the material on record in detail at the stage of

consideration of applications seeking anticipatory bail.

12. However, prima facie, it can be seen that, after the

sanctioned strength of the school was restored/increased to 69 and

the same was finalized on 19th January 2024 and the benefit of

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01-ABA-2322-2025.DOC

the same was given retrospectively from the academic year 2014–

15, all these appointments were made in the year 2024, however,

record is created of their appointment from the year 2012 onwards

from the respective dates as mentioned in the Chart.

13. Although it is the contention of the Applicants that all these

appointments were made by the school committee of which the

Headmasters are also part, the respective headmasters/principals

have given the statement that these teachers were never appointed

during their respective tenures and that they had never worked in

the school during that period. There is extensive material on

record showing that the Applicants are involved in the crime where

the Government has been defrauded for huge amount. As there is

prima facie material against the Applicants, no case is made out for

grant of anticipatory bail.

14. Accordingly, all these Anticipatory Bail Applications are

rejected.

[MADHAV J. JAMDAR, J.]

Arjun

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