( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4422/2010 Tanhaji s/o Honaji Date, R/o Kakade Park Building & Room No. M-2/9, Tanhajinagar, Chinchawadgaon, Pune-33. APPLICANT VERSUS The State of Maharashtra and another. RESPONDENTS .... Mr. N.V. Gaware, advocate for the applicant. Mr. P.P. More, APP for the respondents. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 16th November, 2010] PER COURT : 1. This is an application for anticipatory bail. 2. Heard learned advocate for the applicant and learned A.P.P. for the State. 3. What appears from the record is that the applicant challenged caste validity certificate issued in favour of one Prithviraj Vasant Kamble by filing Writ Petition No. ( 2 ) 7740/2008. It was the case of the applicant that on basis of false caste claim as "Mahadeo Koli", the said Prithviraj Kamble grabbed promotional post to which he was not entitled. A Division Bench of the High Court allowed the writ petition. While disposing of the said writ petition, the Division Bench directed that the original record regarding the issuance of the caste certificate was not produced and probably it was missing due to certain extraneous reasons. The Division Bench, therefore, directed to take appropriate action against the staff members of the Scrutiny Committee and others who were responsible for causing the misplacing or missing or theft of the concerned office file. Thereafter, FIR was lodged by the concerned clerk of Tahsil office, Rahuri, alleging that the file was probably lost due to conspiracy between the applicant and said Prithviraj Kamble. An offence has been registered, therefore, against both of them. 4. It appears that the applicant obtained information regarding issuance of the Caste Validity Certificate as per provisions of the Right to Information Act. He was given certified copy of the Caste Validity Certificate. At that time, the relevant file was in the Tahsil office. The applicant was never in custody of the said file. In fact, the ( 3 ) applicant made various efforts to demonstrate as to how false Caste Validity Certificate was issued in favour of Prithviraj Kamble who was promoted by setting aside his due claim. The applicant could not have prima facie any nexus with the act of causing disappearance of the file because his interest was in making it available for perusal of the competent authorities whereas the interest of Prithviraj Kamble might be otherwise. Since the applicant was not having domain over the file and may not have any interest in causing disappearance of the said file, there is hardly any material to infer that he conspired with said Prithviraj Kamble to cause disappearance of the file from the Tahsil Office. 5. The applicant prima facie appears to be a whistle- blower. He has been named in the FIR only on basis of so called suspicion which has no basis. Consequently, his arrest is likely to be without any foundation and is likely to humiliate him. 6. Taking overall view of the matter, the application is allowed. The applicant is directed to be released on bail, in the event of his arrest, on furnishing of bail bonds in sum of Rs. 15,000/- (rupees fifteen thousand), before the ( 4 ) Arresting Officer. The order of anticipatory bail will be co- terminus with the filing of the final report/chargesheet. [V.R. KINGAONKAR] JUDGE NPJ/criapln4422-10