SWAPNIL TRIMBAKRAO TANGDE v. THE STATE OF MAHARASHTRA AND ANOTHER
Case Details
2025:BHC-AUG:19922 1 110 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 110 BAIL APPLICATION NO. 1045 OF 2025 SWAPNIL TRIMBAKRAO TANGDE VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicant : Mr. Sudarshan J. Salunke APP for Respondent/State: Mr. N. B. Patil … CORAM : ARUN R. PEDNEKER, J. DATE : 28.07.2025 P.C. : 1]
Legal Reasoning
Heard learned counsel for the applicant and the learned APP for the respondent-State. 2] The applicant is seeking bail as he was arrested on 11.01.2025 in connection with Crime No.0427/2024, dated 21.12.2024, registered with Jawahar Nagar Police Station, District Aurangabad (City), for the offences punishable under Sections 316(2), 318(4), 316(5), 336(2), 336(3), 338, 340(2), 61(2), 45, 3(5) of the Bharatiya Nyaya Sanhita, 2023 & under Section 66(C) of the Information Technology Act, 2000. 3] This court by order dated 23.07.2025, passed in Bail Application No.1105 of 2025 has granted bail to the co- accused and the facts are noted in that case, as under: 2 110 It is the case of the prosecution that “3] informant is serving as Sport Officer in the Department of Sports and Youth Services at Aurangabad. Since the year 2022, his department has hired employees on contract basis from outsourcing agency M/s. Disha Facilities Pvt. Ltd. for daily maintenance and management work. Accused No. 1 – Harshkumar Kshirsagar was appointed as Computer Operator and thereafter in the year 2023 accused No. 2 Yashoda Shetty was appointed as Accounts Clerk. Both of them were appointed through outsourcing agency M/s. Web Multi Services on contract basis for their daily official work i.e. clerical, accounts, administrative etc. Along with them, in all 19 other employees were also appointed. There is bank account of said department in Indian Bank in which Government funds were being deposited. It is alleged that during the period from 4.6.2024 till 7.12.2024 accused Nos. 1 and 2 fabricated email ID of the office by forging letter of Superior Officer and thereby transferred amount of Rs. 21,59,38,287/- in their account from the account of their department and thereafter transferred the same in the account of different persons.” As far as the present applicant is concerned he was the Senior Clerk in the department of Sports and Youth Services at Aurangabad. He was appointed in the year 2023. Main accused in the matter is Accused No.1 – Harshkumar. The applicant was appointed on 31.10.2023. Another person was holding the charge of Senior Accountant before the applicant i.e. up till 30.10.2023. Thereafter, the applicant came to be appointed as Senior Clerk. The applicant was responsible for maintaining the account of the sports complex. It is stated that on 15.02.2024 request was made from the official e-mail ID to upgrade the email ID however the bank has not acted on the said letter. 3 110 Thereafter, e-mail ID [email protected] was sent to the bank seeking to obtain to the account statement for the year 2023-2024. On 15.05.2024 the mobile number was stated to be upgraded. Later on another e-mail was sent from the same e-mail ID i.e. [email protected] seeking internet banking facility. The bank thereafter has upgraded the account and made it available for internet banking facility with the mobile number of accused no.1 attached to the account. It is stated that from the bank accounts of the sports complex various amounts were illegally transferred. The detailed facts are noted in the order dated 23.07.2025, passed in Bail Application No.1105 of 2025, as above. 4] The learned counsel for the applicant submits that the accused no.1 with the aid of employees of the bank has committed crime. He submits that he is nowhere responsible for the alleged crime. At the highest he can be held liable for negligence. He submits that the official e-mail ID was not used by the co-accused for transferring the account and accused no.1 was got entire control of the account by using his personal e-mail ID and he has transferred the amount in the accounts of the various individuals however none of the amount has been credited to the applicant or any person known to him. The police has taken statement of various persons in which the money is transferred however in none of the statements the name of 4 110 the present applicant was taken stating therein that they are holding the amount for the benefit of the applicant. 5] The learned APP opposes for grant of bail, considering the large scale defalcation of the amounts to the extent of around Rs.21 Crores. 6] However, in view of the order dated 23.07.2025 passed in the case of co-accused i.e. in Bail Application No.1105 of 2025, so also, that the applicant is not the beneficiary of the amount defalcated and at highest he could be said to be negligent and that he is arrested on 11.01.2025 and continues to be in jail and that the charge- sheet is already filed in the matter, considering the same, the applicant can be granted bail. 7]
Decision
In view of the above, the application is allowed in the following terms : The applicant shall be released on bail in a] dated connection with Crime No.0427/2024, 21.12.2024, registered with Jawahar Nagar Police Station, District Aurangabad (City), for the offences punishable under Sections 316(2), 318(4), 316(5), 336(2), 336(3), 338, 340(2), 61(2), 45, 3(5) of the Bharatiya Nyaya Sanhita, 2023 & under Section 66(C) of the Information Technology Act, 2000, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant, upon being released on bail, 5 110 shall not contact the informant, in any manner whatsoever, during the pendency of the trial. The applicant shall co-operate with the trial c] Court and he shall attend each and every date, unless exempted by the trial Court. d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case. The applicant, upon being released on bail, e] shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 8] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 9] It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove. 10] The application stands disposed of. [ARUN R. PEDNEKER] JUDGE marathe