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Bombay High Court

YOGESH SURESH JADHAVversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court granted bail to the applicant subject to a personal bond and conditions to prevent evidence tampering and witness influence.

Summary

Yogesh Suresh Jadhav, an advocate, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for preparing false and forged documents to provide surety and impersonating the original surety before the trial court. He applied for regular bail, arguing that co‑accused advocates with similar allegations had been granted anticipatory bail and that he had no prior criminal record despite having been in custody for over fourteen months. The prosecution contended that Jadhav was the principal offender and posed a risk of absconding or influencing witnesses, urging denial of bail. The Court examined the charge‑sheet, the similarity of the co‑accused cases, and the applicant’s lack of antecedents, and concluded that bail could be granted with conditions. Accordingly, the Court ordered his release on a Rs.25,000 personal bond with sureties, imposing conditions not to tamper with evidence or influence witnesses and to attend police as required, while directing the trial court to continue the trial on its merits.

Issues considered

  • Whether bail should be granted to an accused charged under Sections 319(2), 318(4), 338, 336(3), 340(2), 59(a), 61(2), 111(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the risk of absconding or tampering with prosecution witnesses justifies denial of bail.
  • Whether the grant of anticipatory bail to co‑accused with similar allegations influences the bail decision for the applicant.

Legislation cited

Subjects

  • bail
  • forgery
  • false documents
  • impersonation
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • witness tampering
  • trial court

Judgment

                                                                                               33-BA-2197-2025 (CR).doc



                               N.S.Kamble


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL BAIL APPLICATION NO. 2197 OF 2025

                               Yogesh Suresh Jadhav                        ...Applicant
                               VERSUS
                               State Of Maharashtra                        ...Respondent
                               ____________________________________________________________
                               Mr.Subhash Jha (Through V.C.) a/w Ms.Sabiha Ansari, Mr.Chetan
                               Gogawale, Mr.Dhammaraj Shejul, Mr.Subhash Hulyalkar and Hulyalkar &
NILAM
            Digitally signed
        by NILAM
        SANTOSH
                               Associates, for the Applicant.
SANTOSH KAMBLE
KAMBLE Date: 2026.05.05
        11:39:21 +0530
                               Mr.P.P. Jadhav, APP for Respondent-State.
                               Mr.Shashikant N. Londhe, PSI, Wanvadi Police Station.
                               ____________________________________________________________
                                                                  CORAM : SHIVKUMAR DIGE, J.
                                                                  DATE            : 28th APRIL 2026

                               P.C. :

                               .             By this Application, the Applicant is seeking regular bail in

                               Crime No.11 of 2025 registered with Wanwadi Police Station, Pune, for the

                               offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2),

                               59(a), 61(2), 111(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita,

                               2023 (‘BNS’ for short).

                               2.            It is prosecution’s case that the Applicant is advocate, he and co-

                               accused prepared false and forged documents to give surety on behalf of

                               original Accused in bail matters of the Applicant and impersonated the




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N.S.Kamble


original surety before the trial Court, and allowed the Bail Applications of

the concerned accused.

3.           It is contention of learned counsel for the Applicant that co-

accused Advocate Rahul Lonandkar and Reshma Salunkhe against whom

similar allegations are levelled have been released on anticipatory bail. The

allegations against those co-accused and the Applicant are similar. The

Applicant is behind bars for more than 14 months. The Applicant has no

antecedents. The Applicant is an Advocate, and requested to allow the

Application.

4.           It is contention of learned APP that the Applicant is the main

culprit who forged and fabricated the documents to give surety for the

Accused in concerned crime before the trial Court. If the Applicant released

on bail, he may abscond or threaten and prosecution witnesses, and

requested to reject the Application.

5.           I have heard both learned counsel. Perused charge-sheet and

documents produced on record.

6.           The allegations against the Applicant are similar to the co-

accused Advocate Rahul Lonandkar and Reshma Salunkhe who have been

released on bail. The Applicant is behind bars for more than fourteen

months. The Applicant has no antecedents. It may take time to conclude


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N.S.Kamble


the trial.

7.           Considering these facts, I pass following order.

                                    ORDER

              (i)       The Applicant be released on bail in Crime No.11 of

              2025 registered with Wanwadi Police Station, Pune,                    on

              furnishing PR bond of Rs.25,000/- with one or two solvent

              sureties in the like amount.

              (ii)      The Applicant shall not tamper with the evidence

              and/or influence the prosecution witnesses.

              (iii)     The Trial Court shall decide the case on its own

              merits and in accordance with law, uninfluenced by the

              observations made in this order.

              (iv)      The Applicant shall attend the concerned Police

              Station as and when required.

              (v)       Application is allowed in the aforesaid terms.



                                                  (SHIVKUMAR DIGE, J.)




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