Indrajit Balaso Mane vs. The State Of Maharashtra And Anr

Held

The Court held that the offences alleged are of a serious nature, and prima facie, the involvement of both applicants is disclosed. There is sufficient evidence to warrant custodial interrogation. The investigation in the present FIR and the previous case (C.R. No. 214 of 2018) are independent, and it was necessary to investigate the link between the accused in both cases. The Court found no legal bar to the current investigation. Strong circumstances, including handwriting expert opinions, indicate the involvement of both applicants. The expert report suggested that the handwriting of Indrajit Balaso Mane (appearing as Bhaskar Madhav Tasgaonkar and Vaibhav Patil in the 2014 examination) was similar to that of Bhaskar Madhav Taske. The photograph of both individuals was the same. Incriminating circumstances, such as filling forms one after another and taking advantage of randomization, point to their involvement. The mobile number on the 'Tasgaonkar Bhaskar Madhav' application belonged to Bhaskar Madhav Taske. Considering the nature of the offence and the evidence, custodial interrogation is necessary, and therefore, no case for granting anticipatory bail was made out. The Court rejected the anticipatory bail applications but extended the interim protection for four weeks to allow the applicants to approach a higher court.

Facts

The applicants, Bhaskar Madhav Taske and Indrajit Balaso Mane, sought anticipatory bail in connection with a criminal case registered for offences under the Indian Penal Code, the Information Technology Act, and the Maharashtra Prevention of Malpractices at University Board and Other Specific Examination Act. The prosecution alleged that since April 2017, the Maharashtra Public Services Commission (MPSC) has been conducting recruitment processes. Candidates create profiles and upload details, including photographs and digital signatures. Seat numbers are generated via a computer program. The applicants are accused of creating fake accounts to manipulate seat number allocation during the Tax Assistant examinations of 2014 and 2015. Specifically, Indrajit Mane allegedly created a fake account in the name of 'Bhaskar Tasgaonkar' to help Bhaskar Madhav Taske secure adjacent seat numbers, thereby facilitating cheating and obtaining government service. The applicants' anticipatory bail applications were rejected by the Sessions Court.

Key Issues

1. Whether the applicants are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code, 1973, considering the serious nature of the alleged offences involving cheating, forgery, and manipulation of competitive examinations? 2. Whether the prosecution has presented sufficient evidence to establish the involvement of both applicants in creating fake accounts and manipulating seat allocations, as required for denying anticipatory bail? Petitioner/Appellant's Arguments: - The applicants have been falsely implicated and are not involved in any malpractice. - There is no direct evidence that Bhaskar Madhav Taske's account was created by Indrajit Mane. - Custodial interrogation is not necessary as the applicants are government servants and unlikely to abscond. - The complaint was filed after an inordinate delay of three years. - The applicant Indrajit Mane has been serving in the GST Department and was previously granted interim protection in a related case (C.R. No. 214 of 2018), arguing against repeated prosecution for similar offences, relying on T.T. Antony v/s. State of Kerala. - The offences under the IT Act are bailable, and the provisions may not be attracted, citing Gagan Sharma & Anr. V/s. State of Maharashtra. Revenue/State's Arguments: - The offences are serious, and there is strong evidence of connivance between the applicants. - Custodial interrogation is necessary as the applicants filled forms online with a small time gap, creating fake profiles to get adjacent seat numbers, using the same modus operandi as in a previous case (C.R. No. 214 of 2016). - The investigation is ongoing, and the applicants secured good marks with assistance. - Handwriting expert opinions support the prosecution's case, indicating similar handwriting and signatures for Indrajit Mane (as Bhaskar Madhav Tasgaonkar and Vaibhav Patil) and Bhaskar Madhav Taske.