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Bombay High Court

SACHIN PRAKASH BHADREversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISMISSED

Holding

The Court denied anticipatory bail, holding that the applicant’s alleged participation in the fraud justifies custodial interrogation.

Summary

The applicant, a Rural Housing Engineer, sought anticipatory bail in connection with an FIR alleging fraud under sections 420, 465, 467, 468, 471 read with 34 of the Indian Penal Code for misappropriating funds under the Pradhan Mantri Awas Yojana scheme. The prosecution’s case is based on an RTI‑initiated investigation that identified the applicant and several officials as having illegally allocated housing benefits and signed disbursement papers. The applicant argued that there was a delay in filing the FIR, that his role was limited to recommending beneficiaries, and that other co‑accused had been granted bail. The State contended that the applicant, being in a position of authority, actively participated in the fraud and that custodial interrogation was necessary. The Court held that the evidence indicated the applicant’s complicity, that the seriousness of the offence and the pending financial recovery warranted interrogation, and therefore denied anticipatory bail. The application was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the Rural Housing Engineer accused of fraud under the IPC in view of the seriousness of the offence and the need for custodial interrogation.
  • Whether the applicant’s alleged limited role differentiates him from co‑accused who have been granted bail.

Legislation cited

Subjects

  • anticipatory bail
  • fraud
  • Pradhan Mantri Awas Yojana
  • misappropriation of public funds
  • IPC sections 420, 465, 467, 468, 471, 34
  • custodial interrogation
  • public office abuse

Judgment

2026:BHC-AUG:35423




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                       ANTICIPATORY BAIL APPLICATION NO. 787 OF 2025

                                     Sachin Prakash Bhadre
                                            VERSUS
                              The State of Maharashtra and Another

           Mr. V. S. Dhotare, Advocate for Applicant
           Mr. S. B. Narwade, APP for Respondent-State

                                                 CORAM      : R. M. JOSHI, J.
                                                 DATE       : 11th August, 2026

           PER COURT :-


           1.      The present applicant seeks pre-arrest bail in connection with First

           Information Report No. 61/2025 dated 05/04/2025 registered with

           Kondalwadi Police Station, District Nanded for the offences punishable

           under sections 420, 465, 467, 468, 471 read with 34 of Indian Penal

           Code.

           2.      It's the case of the prosecution that the present proceedings arise

           out of a complaint filed by RTI Activist-Shaikh Maksud Shaikh Ahmed

           Lohgaonkar on 06/12/2020 against 11 beneficiaries including present

           applicant who allegedly fraudulently availed benefits under the " Pradhan

           Mantri Awas Yojana" (PMAY) scheme for house allocation to citizens in

           Kautha, Taluka-Biloli, District Nanded. Upon information being obtained




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about the fraud through the Right to Information (RTI) Act, the

complainant requested       a formal investigation and called for the

suspension of the involved officers. The Investigating Officer submitted

his official report dated 29/03/2023 which revealed 12 beneficiaries who

already owned concrete houses were illegally listed as homeless

(Beghar) and were improperly allocated Rs.1,20,000 each, amounting to

total fraud of Rs. 14,40,000 .

3.      The report identified the Gram Sevak, Sarpanch, present applicant-

Rural    Housing   Engineer,     Assistant    Accountant,   the   then   Block

Development      Officer   (BDO)   as   responsible   for   the   said   fraud,

recommending that the misappropriated amount be recovered from

them. However, as no departmental inquiry was initiated and no funds

were recovered, a complaint was filed before the Judicial Magistrate First

Class (JMFC) and Consequently, on 02/04/2025 directions were issued

for registration of FIR against 20 individuals, comprising the 12 ineligible

beneficiaries of the Gharkul scheme and the officers responsible for the

said fraud.

4. The learned counsel for the applicant submits there is delay in lodging

the First Information Report. There is no specific role attributed to the

present applicant and the applicant is only responsible for recommending




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the name of genuine beneficiaries, so also other co-accused in ABA No.

673/2025 and 685/2025 have been granted pre-arrest bail by the co-

ordinating bench of this Hon’ble Court by Order dated 24/04/2025. The

learned counsel drew the attention of the court to an order dated 8th

May, 2025 to show that the present applicant was granted ad-interim

protection by the co-ordinating bench of this Hon’ble High Court. He

further contends that the offence is of 2020 and the investigation is at its

final stage. He further states custodial interrogation of the Present

applicant is not necessary and the applicant is ready to abide by all the

necessary conditions of investigation. Finally, he argues that the

applicant has no criminal antecedents.

5.    The learned APP opposes grant of any relief in favour of present

application. The offense is serious in nature as the present applicant in

position of authority, has aided along with other co-accused persons in

defrauded the government. It's contended that upon bare perusal of FIR

the offence is made out as there is specific role attributed to the present

applicant. In this view the custodial interrogation of the applicant

becomes necessary.

6.    Prima facie perusal of record indicates that present applicant being

Rural Housing Engineer under Zilla Parishad, Nanded was in position of




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Authority and trust. The applicants and the other co-accused persons

name surfaced on in the inquiry report dated 29/03/2023 which shows

that an on-site visit and inquiry was conducted in which the present

applicant along with other co-accused persons are held responsible for

misappropriation and siphoning public money with malafide intentions. It

is further stated therein that the amount misappropriated should be

recovered and deposited into the government account. Upon going

through the inquiry report, the learned JMFC vide. Order dated

02/04/2025 directed the concerned authorities to register an offence

against all the accused persons which includes the present applicant.

7.      Further perusal indicates that the present applicant and co-accused

persons in collision with beneficiaries, intentionally, from the beginning

defrauded the government, misappropriating taxpayers monies from

public exchequer, so also order dated 30/04/2025 passed by the learned

court    below   shows    that   the     present   applicant   signed   various

disbursement papers in his official capacity as a field officer, making him

responsible for verifying the construction stages of the subject houses.

8.      In so far as the applicant seeking bail on grounds of parity is

concerned, the role and complicity of the present applicant differs from

that of the other co-accused persons who have been granted pre-arrest




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bail by the coordinating bench of this Hon’ble Court. Thus, there is more

than enough evidence on the record to indicate that the present

applicant is involved in the misappropriation of public funds. Merely

because no specific role is being attributed to the present application at

this stage, this by itself cannot become a ground for allowing the

applicant.

9.    It is a settled position of law that grant of pre-arrest bail must

strike a balance between individual liberty and the need for investigation.

In the case in hand the whole complicity of the present applicant in

commission of the said offence is yet to be ascertained and considering

the fact that financial recovery is pending, the chargesheet is not filed

and in this view the custodial interrogation of the applicant becomes

absolutely necessary to aid the further investigation.

10.   Having regards to the above discussion, the applicant stands

dismissed.



                                                (R. M. JOSHI, J.)




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