SANTOSH KISAN KORDEversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:39606
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                                                                      BA-1543-2026

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 1543 OF 2026

              Santosh S/o. Kisan Korde,
              Age : 34 years, Occu. : Agri.,
              R/o. Dhangarwadi, Tq. Sengaon,
              Dist. Hingoli.                                     … Applicant

                         Versus

              The State of Maharashtra
              Through Goregaon Police Station,
              Tq. Sengaon, Dist. Hingoli.                        … Respondent

                                              ..…
              Mr. V. D. Sapkal, Senior Counsel i/b. Mr. Yash A. Jadhav, Advocate
              for Applicant.
              Mr. K. K. Naik, APP for Respondent – State.
                                              .....

                                         CORAM : HITEN S. VENEGAVKAR, J.
                                  RESERVED ON : 27th AUGUST 2026
                               PRONOUNCED ON : 1st SEPTEMBER 2026
              ORDER :

              1.           By this application, the applicant seeks his release on

              regular bail in connection with Crime No.48 of 2026 registered

              with Goregaon Police Station, District Hingoli, for the offences

              punishable under Sections 316(5), 318(3), 318(4), 336(2),

              336(3) and 340(2), read with Section 3(5), of the Bharatiya Nyaya

              Sanhita, 2023. The applicant was arrested on 10 April 2026. The

              investigation is complete and the charge-sheet has been filed on 2

              June 2026, giving rise to R.C.C. No.113 of 2026.
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                                                          BA-1543-2026

2.          The prosecution case, briefly stated, arises out of the

implementation of irrigation-well works under the Mahatma

Gandhi National Rural Employment Guarantee Scheme at village

Dhangarwadi. Ramchandra Shankar Khadse complained that an

irrigation well had been sanctioned in his name and an amount of

₹1,75,224/- was shown as disbursed towards labour charges,

although no well was constructed. An inspection conducted

pursuant to the complaint allegedly disclosed that work had not

been executed at the sanctioned site. The subsequent inquiry

allegedly   revealed   similar   irregularities   concerning   sixteen

irrigation-well works and misappropriation of government funds

amounting to approximately ₹31,68,768/- by preparing or using

false muster rolls, measurement records, geo-tagging material and

other documents.



3.          According to the prosecution, the applicant acted as a

private agent in the village. He allegedly brought co-accused

Parmanand Vishwanath Tambile, who operated a Common Service

Centre and worked as a Bank Mitra, to Dhangarwadi. The applicant

is alleged to have called job-card holders and beneficiaries,

obtained their Aadhaar particulars and facilitated authentication

of withdrawals by obtaining their thumb impressions on the point-

of-sale device operated by Tambile. It is alleged that amounts
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                                                       BA-1543-2026

standing to the credit of labourers were withdrawn through the

device and were first credited to Tambile’s current account. From

that account, an aggregate amount of ₹6,40,691/- was transferred

through eighteen transactions to the applicant’s bank account. A

further amount of ₹2,14,196/- was transferred to the account of

the applicant’s friend, Ashok Rupaji Jagtap, and ₹5,100/- was

transferred to the account of the applicant’s mother, Prayagbai

Kisan Korde. The prosecution further relies upon the statements of

beneficiaries alleging that the applicant represented that he would

secure sanction of wells and collected money from them.



4.         Learned counsel for the applicant submits that the

applicant was neither a government servant nor concerned with

the sanction, measurement, certification or payment of the works.

It is submitted that the prosecution case is substantially founded

upon bank records and official documents, all of which have

already been collected and form part of the charge-sheet. The

transfers relied upon by the prosecution were made by Tambile,

and the nature and purpose of those transactions can be

established only at the trial. No allegedly misappropriated amount,

forged document or other incriminating article has been recovered

from the applicant’s residence. It is further submitted that the

applicant has remained in custody since 10th April, 2026 and his
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further detention is not required for investigation.



5.          Learned counsel also relies upon the order dated 3rd

June, 2026 by which co-accused Parmanand Tambile was released

on regular bail. It is submitted that Tambile operated the point-of-

sale device and the account into which the amounts were initially

credited, and his alleged role is at least comparable to that

attributed to the applicant. Reliance is also placed upon the

applicant’s permanent residence and willingness to comply with

stringent   conditions.   Learned      counsel   submits    that   the

apprehension of influencing witnesses can be addressed by

restraining the applicant from entering the village and contacting

the beneficiaries.



6.          Learned Additional Public Prosecutor opposes the

application. It is submitted that the accusations concern organised

diversion of public money intended for rural employment and

irrigation works. The applicant is not sought to be implicated

merely because money entered his account; he is alleged to have

acted as the local organiser, brought Tambile to the village,

assembled job-card holders and facilitated biometric withdrawals.

The repeated credits aggregating ₹6,40,691/- into the applicant’s

account, besides transfers to his friend and mother, constitute
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                                                        BA-1543-2026

material corroborating the statements of the beneficiaries. It is

further submitted that the applicant is a resident of the same

village and, if released, may influence local witnesses. The State

also points out that Crime No.73 of 2026, for an offence under

Section 108 of the Bharatiya Nyaya Sanhita, has been registered

against the applicant and that further investigation is permissible

under Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita.



7.         I have considered the rival submissions and examined

the investigation papers. The accusations cannot be described as

either casual or unsupported. The statements concerning the

applicant’s alleged role, read with the series of transfers into his

account and the accounts of persons associated with him, furnish a

prima facie link requiring explanation at the trial. The allegation

relates to diversion of money under a public welfare scheme and

must, therefore, be viewed with due seriousness. At the same time,

the Court, while considering bail, is not expected to determine the

admissibility or final evidentiary value of individual statements

and banking entries. Whether the applicant was a participant in

the alleged scheme, whether there was entrustment within the

meaning of Section 316(5), and whether the transactions were

proceeds of the alleged diversion are matters for evidence.
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                                                         BA-1543-2026

8.          The investigation has been completed and the charge-

sheet has been filed. The principal evidence comprises bank

statements, account details, electronic transaction records, muster

rolls,   measurement      and     geo-tagging     records,    official

correspondence    and    statements    already   recorded    by   the

investigating agency. These materials are either in official custody

or form part of the charge-sheet. Nothing specific has been shown

to indicate that any further custodial interrogation of the applicant

is presently required. Further investigation, if undertaken in

accordance with law, can continue by directing the applicant to

cooperate with the investigating officer. Continued custody cannot

be ordered merely for compelling recovery of the amount allegedly

received.



9.          The bail granted to Parmanand Tambile does not create

an automatic right in favour of the applicant, since parity must be

assessed by comparing the particular roles attributed to the

accused. Nevertheless, Tambile is alleged to have operated the

device through which the withdrawals were effected and controlled

the account in which the withdrawn amounts were first deposited.

His alleged role is materially connected with the very transactions

relied upon against the applicant. The applicant is alleged to have

acted as the local facilitator and recipient of a part of the amount.
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                                                          BA-1543-2026

The roles are not identical, but they are sufficiently comparable for

the order granting regular bail to Tambile to constitute a relevant

consideration. The interim anticipatory protection granted to some

other accused cannot, by itself, be treated as a final determination

of parity and is not being made the foundation of the present order.



10.        The disclosed registration of Crime No.73 of 2026 is a

circumstance which cannot be ignored. However, the record

presently discloses one such case and not a history of repeated

convictions. Registration of that offence, without more, would not

justify indefinite detention in the present crime after completion of

the investigation. The apprehension that the applicant may

influence village witnesses is more substantial. It can, however, be

adequately addressed by restricting his entry into Dhangarwadi

for a limited period, prohibiting contact with witnesses and

requiring regular attendance before the investigating agency.



11.        Thus, while there is sufficient material to proceed

against the applicant at the trial, his continued incarceration is not

shown to be necessary for investigation or preservation of the

documentary evidence. Considering the filing of the charge-sheet,

the nature of the evidence, the period of custody, the bail granted

to the co-accused having a materially connected role, and the
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                                                              BA-1543-2026

possibility of safeguarding the prosecution by imposing stringent

conditions,    the   application    deserves to    be     allowed.   These

observations are confined to the decision of the present bail

application and shall not influence the trial.

                                   ORDER

    a)        The Bail Application is allowed. The applicant - Santosh
              s/o Kisan Korde, shall be released on bail in connection
              with Crime No.48 of 2026 registered with Goregaon
              Police Station, District Hingoli, on executing a personal
              recognizance bond of ₹50,000/- with one or more
              solvent sureties in the like amount, subject to the
              satisfaction of the jurisdictional Court.


    b)        The applicant shall not directly or indirectly contact,
              induce, threaten or make any promise to the informant,
              beneficiaries, job-card holders or any other prosecution
              witness. He shall not tamper with the documentary,
              electronic or banking evidence and shall not attempt to
              obtain any document from the concerned Gram
              Panchayat, Panchayat Samiti, bank or Common Service
              Centre except through lawful process.


    c)        For a period of six months from the date of his release,
              or until the material witnesses residing at Dhangarwadi
              are examined, whichever is earlier, the applicant shall
              not enter village Dhangarwadi except with prior
              written permission of the trial Court. Before his release,
              he shall furnish to the investigating officer and the trial
              Court the complete address at which he will reside
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                                                             BA-1543-2026

               during this period, together with his active mobile
               number, and shall intimate any change thereof in
               advance.


          d)   The applicant shall attend Goregaon Police Station,
               Investigation Officer, on the first Monday of every
               month between 11.00 a.m. and 1.00 p.m. for six
               months. He shall also remain present before the
               investigating officer whenever called for the purpose of
               lawful further investigation.


          e)   The applicant shall regularly attend the trial and shall
               not seek unnecessary adjournments. He shall not leave
               India without prior permission of the trial Court and
               shall surrender his passport, if any, before that Court.


          f)   In the event of breach of any condition, influencing of
               witnesses,   non-cooperation     with    lawful   further
               investigation or commission of a similar offence, it shall
               be open to the prosecution to seek cancellation of bail.


          g)   The applicant shall be released forthwith, if he is not
               required to be detained in connection with any other
               crime.


          h)   The application stands disposed of accordingly.



                                           (HITEN S. VENEGAVKAR)
                                                  JUDGE
Tandale