Bombay High Court
HARSHAL S. USHIRversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court granted anticipatory bail to all three applicants, holding that the matter is predominantly civil and no prima facie case of fraud exists to justify denial of bail.
Summary
The High Court of Bombay considered anticipatory bail applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by three accused—Pralhad Pundalikrao Kadam, Amit Balasaheb Jadhav and Yogesh Gangadhar Bodake—arising from FIR No. 117 of 2026 alleging fraudulent sale of property using a forged power of attorney and falsified sale deed. The prosecution alleged offences under Sections 318(4), 316(2), 336(2), 3(5) of the Bharatiya Nyaya Sanhita, 2013 and Section 39 of the Maharashtra Money Lending (Regulation) Act, 2014. The defence argued that the dispute was essentially civil, the sale agreement and consideration were duly executed and the FIR was false. The court examined the admissions of the first informant that the agreement for sale and power of attorney were genuine and that the transaction was completed through bank transfers, finding no prima facie criminal case. Consequently, the court granted anticipatory bail to all three applicants with standard conditions and disposed of the interim applications.
Issues considered
- Whether anticipatory bail should be granted under Section 482 of the BNSS, 2023 in the present case.
- Whether the allegations constitute a criminal offence or are merely a civil dispute over property.
- Whether there is sufficient prima facie evidence of fraud to deny bail.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- civil dispute
- property fraud
- power of attorney
- money lending act
- bail conditions
Judgment
52-ABA-1130-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1130 OF 2026
Pralhad Pundalikrao Kadam …Applicant
Versus
The State of Maharashtra …Respondent
WITH
INTERIM APPLICATION NO.1668 OF 2026
IN
ANTICIPATORY BAIL APPLICATION NO.1130 OF 2026
Harshal Sukdeo Ushir …Applicant
IN THE MATTER BETWEEN:
Pralhad Pundalikrao Kadam …Applicant
Versus
The State of Maharashtra …Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO.1183 OF 2026
Amit Balasaheb Jadhav …Applicant
Versus
The State of Maharashtra …Respondent
INTERIM APPLICATION NO.1642 OF 2026
IN
ANTICIPATORY BAIL APPLICATION NO.1183 OF 2026
Harshal Sukdeo Ushir …Applicant
IN THE MATTER BETWEEN:
Amit Balasaheb Jadhav …Applicant
Versus
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The State of Maharashtra …Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO.1298 OF 2026
Yogesh Gangadhar Bodake …Applicant
Versus
The State of Maharashtra & Anr. …Respondents
INTERIM APPLICATION NO.1846 OF 2026
IN
ANTICIPATORY BAIL APPLICATION NO.1298 OF 2026
Harshal Sukdeo Ushir
IN THE MATTER BETWEEN:
Yogesh Gangadhar Bodake …Applicant
Versus
The State of Maharashtra & Anr. …Respondents
Mr. Akshay Bankapur i/b. Mr. Kamlesh Palekar, for the Applicant in
ABA/1130/2026.
Mr. Chetan Deshmukh i/b. Mr. Kamlesh Palekar, for the Applicant
in ABA/1183/2026.
Ms. Gauri Ghuge i/b. Mr. Hitesh Sangle, for the Applicant in
ABA/1298/2026.
Mrs. M. R. Tidke, APP, for the Respondent-State in
ABA/1130/2026.
Mr. Prashant P. Jadhav, APP, for the Respondent-State in
ABA/1183/2026.
Mr. Swapnil V. Walve, APP, for the Respondent-State in
ABA/1298/2026.
Mr. Vipul Dada Patil a/w. Ms. Shubha Shirsat, for the Intervenor in
IA/1668/2026, IA/1642/2026 and IA/1846/2026.
Mr. Lalit S. Kedare, PSI a/w. Mr. E. T. Rathod, attached to
Bhadrakali Police Station, Nashik City, Nashik, present.
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52-ABA-1130-2026.DOC
CORAM: MADHAV J. JAMDAR, J.
DATED : 31st AUGUST 2026
PC:-
1. Heard learned Counsel appearing for the Applicants, learned
Counsel appearing for the Intervenor/First Informant and learned
APPs appearing for the Respondent-State.
2. All these applications are filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-
arrest bail in connection with C.R. No.117 of 2026 registered with
Bhadrakali Police Station, Nashik, for the offences punishable
under Sections 318(4), 316(2), 336(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2013 (“BNS”) and Section 39 of the Maharashtra
Money Lending (Regulation) Act, 2014. Anticipatory Bail
Application No.1130 of 2026 is filed by accused No.3-Pralhad
Pundalikrao Kadam, Anticipatory Bail Application No.1298 of 2026
is filed by accused No.2-Yogesh Gangadhar Bodake and
Anticipatory Bail Application No.1183 of 2026 is filed by accused
No.1-Amit Balasaheb Jadhav.
3. The prosecution case is set out in paragraph No.2 of the
order dated 24th April 2026 passed by the learned Additional
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Sessions Judge, Nashik in Criminal Bail Application No.418 of
2026, which reads as under:
“2. Brief facts giving rise to the present application
are as under:
On 12.03.2026 FIR came to be registered at
Bhadrakali police station stating that from
01.08.2020 to 29.07.2025 from time to time Amit
Balasaheb Jadhav, Yogesh Gangadhar Bodke,
Pralhad Pundlik Kadam in furtherance of their
common intention, get executed an agreement to
sale of property bearing Survey No.315/1/A/2/C as
security for loan transaction of Rs.35,50,000/-which
was taken by the informant. They have also
executed sale deed before Notary Public by
misusing the signatures and thumb impressions of
informant taken by them on blank papers. They
have further get the sale deed executed of said
property by using fake documents.”
4. The relevant details are as under:
1. Name of the Applicants Pralhad Pundalikrao Kadam
(Anticipatory Bail Application
No.1130 of 2026), Applicant-
Amit Balasaheb Jadhav
(Anticipatory Bail Application
No.1183 of 2026) and -Yogesh
Gangadhar Bodake
(Anticipatory Bail Application
No.1298 of 2026)
2. C.R. No. 117 of 2026
3. Police Station Bhadrakali Police Station,
Nashik.
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4. Date of Incident 08.01.2020 to 29.07.2025
5. Date of Registration of F.I.R. 12.03.2026
6. Sections applied in F.I.R. 318(4), 316(2), 336(2) and
3(5) of the BNS and Section 39
of the Maharashtra Money
Lending (Regulation) Act,
2014.
5. It is the submission of learned Counsel appearing for the
Applicants that accused Nos.1 and 2 are the purchasers and
accused No.3 is the Constituted Attorney of the First Informant. It
is submitted that the property was sold for an aggregate amount of
Rs.50,00,000/-, which was paid through bank transactions to the
First Informant and received by the First Informant. It is submitted
that the consideration of Rs.50,00,000/- was arrived at by mutual
consent and prior to the execution of the Sale Deed dated 17 th
April 2025, an Agreement for Sale was executed on 8 th January
2020 by the First Informant, who is the owner of the property. The
said agreement also sets out the consideration as Rs.50,00,000/-,
which has already been received by the First Informant. It is
submitted that due to the Kumbh Mela, prices of the lands are
rising in Nashik City and therefore, a false FIR has been filed. It is
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submitted that a dispute which is of civil nature has been
converted into a criminal case.
6. On the other hand, learned APPs and learned Counsel
appearing for the Intervenor/First Informant submitted that by
misusing signatures obtained on the blank papers, a Sale Deed was
fraudulently executed in favour of accused Nos.1 and 2. For this
purpose, the Power of Attorney executed by the First Informant in
favour of accused No.3 is misused. It is therefore, submitted that
custodial interrogation of the Applicants is necessary. It is
submitted that immediately after the execution of the Sale Deed
dated 17th April 2025, the said land in question was subsequently
sold for huge consideration.
7. It is the prosecution case that by misusing the Power of
Attorney dated 7th January 2020 executed by the First Informant in
favour of the accused No.3-Pralhad Kadam, valuable property was
sold by a registered Sale Deed dated 17 th April 2025 without
knowledge of the First Informant.
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8. In any case, a perusal of the record shows that the First
Informant admits to the execution of the Agreement for Sale dated
8th January 2020. The Agreement for Sale specifically mentions the
consideration as Rs.50,00,000/- and also mentions that the
manner in which it is to be paid. It is an admitted position that the
entire transaction was carried out through bank transfers and that
the said amount of Rs.50,00,000/- was received by the First
Informant in his bank account.
9. The First Informant has admitted that the Agreement for
Sale dated 8th January 2020 and the Power of Attorney dated 7 th
January 2020 both these documents were executed by him. Perusal
of the record shows that the disputed Sale-Deed contains same
terms and conditions as contained in the Agreement of Sale, which
is admittedly signed by the first informant. Prima facie, the dispute
is pre- dominantly of civil nature.
10. Accordingly, in the facts and circumstances, the case is made
out for grant of Anticipatory Bail. In view thereof, the following
order is passed:
ORDER
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(a) In the event of arrest of the Applicant-Pralhad
Pundalikrao Kadam (in Anticipatory Bail Application
No.1130 of 2026), the Applicant-Amit Balasaheb
Jadhav (in Anticipatory Bail Application No.1183 of
2026) and the Applicant -Yogesh Gangadhar Bodake
(in Anticipatory Bail Application No.1298 of 2026) in
connection with C.R. No.117 of 2026 registered with
the Bhadrakali Police Station, Nashik City, Nashik, the
Applicants are directed to be released on bail on their
furnishing P.R. Bond in the sum of Rs.50,000/- each
with one or two solvent sureties each in the like
amount.
(b) The Applicants shall attend the concerned Police
Station on 7th September 2026 and 8th September
2026 between 11:00 a.m. to 02:00 p.m. and shall
cooperate with the investigation. In addition to this,
the Applicants shall attend the concerned Police
Station as and when called by the Investigating
Officer.
(c) The Applicants shall furnish their cell phone number
and residential address to the Investigating Officer
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and shall keep the same updated, in case of any
change thereto.
(d) The Applicants shall not directly or indirectly make
any inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.
(e) The Applicants shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
(f) The Applicants shall not leave India without prior
permission of the learned Trial Court.
11. The Anticipatory Bail Applications are disposed of
accordingly.
12. In view of the disposal of the Anticipatory Bail Applications,
nothing survives in the Interim Applications and the same are also
disposed of.
Digitally
signed by
SONALI [MADHAV J. JAMDAR, J.]
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.01
11:58:29
+0530
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