Bombay High Court
AMIT AJIT AGARWALversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to strict conditions.
Summary
The applicant, Amit Ajit Agarwal, was charged in C.R. No.67 of 2026 with offences under the Indian Penal Code (sections 318(3), 336(1), 338, 339, 340(1)(2)) and the Bharatiya Nyaya Sanhita, 2023 (sections 329(1)(3)(4), 61(A), (B), (35)) relating to cheating, fabrication and wrongful confinement. The prosecution alleged that he used a forged Power of Attorney to trespass on the complainant's land, install a name board and occupy the property. The defence argued that the Power of Attorney was genuine, that the applicant is a first‑time offender, runs a grocery shop and is the sole breadwinner for his minor children. The State highlighted the gravity of the offences and the alleged forgery. The Court, considering the applicant’s family circumstances and the prima facie nature of the allegations, granted bail with a Rs.50,000 bond and a series of reporting and conduct conditions, while expressly reserving the right to cancel bail for any breach.
Issues considered
- The appropriateness of granting bail to a first‑time offender accused of forgery, trespass and wrongful confinement.
- Whether the seriousness of the offences under the IPC and BNS outweighs the applicant’s family hardship.
- Whether the applicant’s remedy for the land dispute lies in a civil proceeding rather than criminal defiance.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 329(1), 329(3), 329(4), 61(35), 61(A), 61(B)
- Indian Penal Code, 1860 — s. 318(3), 336(1), 338, 339, 340(1)(2)
Subjects
- bail
- forged power of attorney
- trespass
- wrongful confinement
- first‑time offender
- family hardship
- criminal procedure
Judgment
8.BA.3316.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3316 OF 2026
Amit Ajit Agarwal .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. P.R. Kalantri a/w. Ms. Renuka Shukla and Ms. Deepali Kasat,
Advocates for Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent – State.
API - Mr. Anil J. Kekan, Baner Police Station present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 31, 2026.
P.C.:
1. Heard Mr. Kalantri, learned Advocate for Applicant and Mr.
Karmakar, learned APP for Respondent – State.
2. Applicant is arraigned as accused No.2 in C.R. No.67 of
2026 for the offences punishable under Sections 318(3), 336(1), 338,
339 and 340(1)(2) which are primarily relating to cheating and
fabrication, but also under Section 329(1)(3)(4), 61(A), (B) and (35)
of the Bharatiya Nyaya Sanhita, 2023 (BNS). Section 329 relates to
wrongful confinement.
3. Mr. Kalantri would persuade me to consider the prosecution
case at the highest to have attributed the Applicant of having
trespassed on the land of the Complainant, which can be only
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8.BA.3316.2026.doc
attributed to the Applicant. The cause of action for doing the same is a
Power of Attorney, which according to the Complainant is a forged
Power of Attorney. Applicant's case is that the said Power of Attorney
was given to him by another accused person called Mr. Sapkale and it
was in the name of Hanumanta Dnyanu Saptale.
4. The investigation in that direction not having been directed
and the statement of Hanumant Dnyanu Saptale, who is the relative of
the other accused person who gave the Power of Attorney not having
been examined, Mr. Kalandri would persuade the Court to consider
granting Bail Application on any terms deemed fit by the Court. He
would also seek Court's indulgence by stating that the Applicant is a
first time offender. He would submit that he is running a grocery shop
in the Balewadi area of Pune and has two children, one daughter and
one son, studying in school and college. He would submit that he is
the primary caregiver and supporter for providing them livelihood
alongwith his wife.
5. Mr. Karmakar, learned APP would persuade me to consider
the gravity of the offences and the role attributed to the Applicant of
having used the forged Power of Attorney and thereafter he having
trespassed on the property of the Complainant and having installed his
name board and illegally staying over there.
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6. Insofar as any substitutive right claimed by Applicant is
concerned, either with respect to his right in the subject land or for
that matter with regard to the mutation entries, the Applicant's remedy
is to approach the Civil Court or the concerned Competent Authority
under the MLRC, 1966 rather than taking law into his hands. The
Applicant is incarcerated since 02.04.2026.
7. However, considering the submissions made by Mr. Kalantri,
I am inclined to accept the same and grant bail to the Applicant so as
to see to it that the Applicant's family and most specifically his minor
children do not suffer because of the Applicant's acts. Applicant is
warned not to break the law and commit any offence.
8. 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 – Amit Ajit Agarwal is directed to be
immediately released from prison in connection with
CR. No.67 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand
only) with one surety of the like amount;
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(iii) Applicant shall report to the Investigating Officer at
Baner Police Station, twice every month, on the first
and third Monday of each 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 cooperate 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 their current residential address and mobile
telephone number and shall forthwith inform the
Investigating Officer of any change in their residential
address or mobile telephone number, as and when such
change occurs; and
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(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
9. 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
hereinabove in this order.
10. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.01
10:01:58 +0530
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