Bombay High Court
DIPRATNA BHAIDAS NIKAMversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The applicant, Dipratna Bhaidas Nikam, a branch manager of a co-operative bank, was charged under Sections 111, 318(4), 338, 336(3), 340(2) and 316(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assisting co‑accused in opening twelve bank accounts using forged Aadhaar and PAN documents. The prosecution argued that as branch manager he should have verified the authenticity of the documents, although he did not receive any of the funds transacted. After more than two years of incarceration and completion of the investigation, the applicant sought bail. The court, noting the lack of a clear prima facie case and the prolonged detention, granted bail subject to a cash bond of Rs.25,000, reporting requirements, residence restrictions, and non‑interference with witnesses. The order expressly limited its observations to bail and did not address the merits of the underlying criminal case.
Issues considered
- What is the appropriateness of granting bail to the accused given the nature of the offences under the Bharatiya Nyaya Sanhita, 2023?
- Does the prolonged pre‑trial detention of over two years justify bail despite the seriousness of the alleged fraud?
- Are the conditions imposed sufficient to ensure the accused’s attendance and prevent tampering with evidence?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 316(5), 318(4), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- bank fraud
- forgery
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- co‑operative bank
- section 111
- section 318
- section 338
- section 336
- section 340
- section 316
Judgment
47. BA 1890-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1890 OF 2026
Dipratna Bhaidas Nikam .Applicant
Vs.
The State of Maharashtra .Respondent
Digitally
signed by Ms. Pravada Raut, Advocate, for the Applicant
ANAND
ANAND SUDHAKAR
SUDHAKAR SUDAME
Ms. Sangeeta Phad, APP, for the Respondent – State
SUDAME Date:
2026.10.07
16:14:59
+0530 CORAM : MILIND N. JADHAV, J.
DATE : 05.10.2026
P. C.
1. Heard Ms. Raut, learned Counsel for the Applicant and Ms. Phad,
learned APP for the Respondent – State.
2. This Application is filed in connection with C.R.No. 8 of 2024
registered with Chavani Police Station, Nashik(Rural) for offences
punishable under Sections 111, 318(4), 338, 336(3), 340(2) & 316(5)
of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
3. Applicant was working as Branch Manager in Nashik Merchant
Co-operative Bank, Malegaon. Allegation of prosecution is that 12 Bank
accounts were opened by other co-accused persons in the Bank and
Applicant assisted them in opening the accounts on the basis of forged
Aadhar Card and other documents like Pan Cards and Phone nos. All
Anand 1 of 4
47. BA 1890-2026.doc
12 accounts were opened on the same day by the principal Accused
person called Chirag. It is seen that in those 12 bank accounts,
substantial amounts were received due to which present complaint was
lodged. Case of prosecution against Applicant is that being the Branch
Manager he was supposed to scrutinize the verasity of the account
holders, their Pan Cards and Aadhar Cards. Admittedly, Applicant is not
recipient of any amount which were transacted through the 12
accounts. Hence, considering the long incarceration of Applicant for
more than 2 years and investigation being fully completed, after
hearing submissions of learned Counsel for Applicant, I am inclined to
accept the case of Applicant for grant of bail.
4. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) Applicant – Dipratna Bhaidas Nikam is directed to be
immediately released from prison in connection with
CR. No. 8 of 2024;
(ii) Applicant is directed to be released on bail on furnishing
P. R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand
only) with one or two sureties of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Anand 2 of 4
47. BA 1890-2026.doc
Chavani Police Station, Nashik(Rural), once every
month, on the first Monday of the month between 10:00
a.m. to 12:00 p.m. until commencement of trial and
thereafter shall attend all dates of hearing before the
Trial Court;
(iv) Applicant shall co-operate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
Anand 3 of 4
47. BA 1890-2026.doc
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
5. It is clarified that the observations made in this order are limited
for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made herein
above in this order.
6. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 4 of 4
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