1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1740 OF 2010 (Dnyaneshwar Narayan Kurve and another .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri M.K. Pathan, Advocate for the applicants. Smt. A.R. Taywade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 02ND DECEMBER, 2010. Heard. By way of present application, the applicants are seeking pre-arrest bail for the offence punishable under Sections 420, 468, 471, 506 read with Section 34 of the Indian Penal Code vide Crime No.426/2010 registered with the Police Station, Gadge Nagar, Amravati. Learned Counsel for the applicants submits that the allegation against the present applicants is that the applicants by making false representation to the complainant namely one Krishnarao Watane, prepared fraud and fabricated documents and thereby caused the transaction of agricultural property. Learned Counsel by inviting my attention to the allegation made in the report submits that as per the allegations, the applicants have prepared a forged document i.e. Power of Attorney. He further submits that the said document was prepared on 23.04.2010 and while preparing the document before the Government Authority, the complainant himself was present. The photographs and the signatures were taken in presence of the Assistant Registrar, Amravati. He further submits that not only the objection was raised about the said document before the revenue authority i.e. Niab Tahsildar, Amravati and Niab Tahsildar by order dated 23.04.2010 found from the record that while preparing the document, the complainant was present and he was well aware of the preparation of the document. He has also received the amount in respect of the transaction. Learned Counsel for the 2 applicants further submits that in spite of the observations of the revenue authority, the complainant with some ulterior motive or at the instance of some persons, has levelled false allegations against the applicants. He further submits that as per his instructions, the complainant himself was working as Kotwal and apart from the bare allegations, there is no material to connect these applicants with the crime in question. He further submits that applicant No.1 is an educated person and is an engineer by profession who deals with the property business; whereas applicant No.2 is a member of some political party and active in social work. Learned Counsel further submits that the applicants were protected by this Court by an interim order and on their own they have approached the investigating agency with undertaking that as and when they are called by the investigating agency they will make themselves available for the investigation. He further submits that in view of these facts and circumstances, the applicants deserve to be protected by this Court. Per contra, learned APP has opposed the application. She submits that the statement of the complainant is recorded and it is stated that on giving false assurances that he would be benefited by certain government schemes, the documents were prepared by the applicants. Except this, there is no other material brought by the investigating agency. Learned APP fairly submits that the applicants have approached to the Investigating Officer showing their willingness to cooperate with the investigating agency and as per the instructions, their statements are also recorded. In view of the material placed before me, I am of the opinion that prima facie case is made out by the applicants to enlarge them on anticipatory bail. In the result, the application is allowed. Interim protection granted by this Court vide order dated 27th October, 2010 is confirmed. The applicants be released on bail in the event of their arrest on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) each with one surety each in the like amount, on 3 the following conditions. (i) The applicants to cooperate with the investigating agency and attend the Police Station, Gadge Nagar, Amravati on every 2nd and 4th Sunday between 09:00 a.m. and 12:00 noon for three months. (ii) The applicants shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicants to submit their residential addresses and their contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicants are moving out of the area of Police Station, Gadge Nagar, Amravati, they shall inform the Police Station about their visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.