Bombay High Court
Rohit Rajendra Yadav vs The State Of Maharashtra on 8 May, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:21941
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1293 OF 2024
Rohit Rajendra Yadav .... Applicant
versus
The State of Maharashtra .... Respondent
.......
• Mr. Karansingh Rajput a/w Devendra Patil, Advocate for Applicant.
• Mr. Avinash A. Naik, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 08th MAY, 2024
P.C. :
1. The Applicant is seeking anticipatory bail in connection
with C.R.No.211/2024, dated 04/04/2024, registered with
Mulund Police Station, Mumbai, under sections 420, 465, 468,
471 of the Indian Penal Code and under section 12(1)(b) of the
Passport Act, 1967.
2. Heard Mr. Karansingh Rajput, learned counsel for the
Applicant and Mr. Avinash A. Naik, learned APP for the State.
3. The FIR is lodged by PC Pandurang Madhvi. The
Digitally
signed by
MANUSHREE
MANUSHREE NESARIKAR
Applicant had made an application for getting passport at
NESARIKAR Date:
2024.05.10
14:45:03
+0530
Passport Office, BKC, Bandra. During verification of his
Nesarikar
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documents, it was noticed that he had not tendered any
document to show the birth date of his father. He was called to
the police station in September 2023 and then he produced the
birth certificate of his father. He also produced other documents.
He informed the police that he had taken that birth certificate in
2023 from Varanasi. Further verification was made and in
particular the birth certificate of the Applicant's father was
verified. When the QR code on the Applicant's father's birth
certificate was scanned, one website was opened. But it was
found that it was a fake website. Therefore, it was realized that
it was a forged certificate and therefore this FIR is lodged.
4. Learned counsel for the Applicant submitted that the
Applicant was selected to represent India in World
Championship in Karate to be held at Kazakhstan in November
2023 and for that purpose he needed the passport. He submitted
that he is a resident of Mumbai. His father was born at Varanasi.
Therefore, it was difficult for him to get his birth certificate from
Varanasi. For that purpose, he engaged an agent and made
payment to him. That agent gave the said certificate to the
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Applicant. He believed the genuineness of the certificate and
tendered it before the police. He submitted that if the Applicant
had any doubt about the genuineness of the certificate, he
would not have tendered it before the police, who have
specifically verified the documents in connection with the
application for passport. He submitted that the Applicant himself
is a victim in this racket.
5. Learned APP submitted that the website was not an
authentic website and there is a possibility that many such
people were either cheated or have been deliberately benefited
by using that website. For that purpose, the investigation is
going on. He however did not really oppose that there is a
possibility that the Applicant himself could be a victim.
6. I have considered these submissions. I find force in the
submission of learned counsel for the Applicant. The Applicant
was selected to represent India in a World Championship. The
Applicant is residing in Mumbai and therefore it was not
unnatural or unusual for him to engage services of someone else
from Varanasi in that connection. There is a strong possibility
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that he himself had believed genuineness of the birth certificate,
which was given to him. In this case, custodial interrogation of
the Applicant will cause irreparable loss to him and his future.
Therefore, it is sufficient if he cooperates with the investigation
instead of suffering custodial interrogation.
7. Hence, the following order :
ORDER
(i) In the event of his arrest in connection with C.R.No.211/2024, dated 04/04/2024, registered with Mulund Police Station, Mumbai, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) The Applicant shall attend the concerned Police Station as and when called and shall cooperate with the investigation.
(iii) The application stands disposed of accordingly.
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