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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

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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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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