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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

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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