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1918 DAILYLAW 4 (BOM)

PRAFUL ANANT CHIPKAR v. THE STATE OF MAHARASHTRA

ABA/1918/2026 · 2026-09-11

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Judgment text

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902-aba1918-26.doc vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1918 OF 2026 Praful Anant Chipkar ...Applicant V/s. State of Maharashtra & Anr. ...Respondents Mr.Gajendra Jadhav for the Applicant. Mr.Prasanna P. Malshe, APP for the Respondent – State. Respondent No.2 is present in Court. Mr.Goraksha Ghodke, API, Malad Police Station, Mumbai is present in Court. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 11TH SEPTEMBER , 2026. P.C. :- 1. Heard learned counsel for applicant as well as learned APP for respondent no.1. Respondent no.2 is personally present. 2. The applicant has filed the instant application seeking pre- arrest bail in connection with FIR No.394 of 2026 registered with Malad Police Station, Mumbai for the offence punishable under Sections 316(2), 318(4), 336(2), 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 1/4 VASANT ANANDRAO IDHOL Digitally signed by VASANT ANANDRAO IDHOL Date: 2026.09.17 11:27:19 +0530 902-aba1918-26.doc 3. The FIR is lodged by the complainant / respondent no.2 alleging that the persons named in the FIR have made certain representation to him and on the pretext of giving him Government job induced him to pay certain amounts. Offence is registered against two accused persons. This applicant is not named as an accused in the FIR. 4. Learned counsel for applicant submitted that the applicant had apprehension of arrest on the basis of the supplementary statement stating that an amount of Rs.2,80,000/- was transferred to this applicant by the accused persons and on account of this apprehension of arrest, the instant application is filed. 5. Learned counsel for applicant submits that the applicant is not named in the FIR. He submits that only on the basis of the supplementary statement, he is likely to be implicated. However, as regards the receipt of amount of Rs.2,80,000/-, he submits that the same was received. He submits that there is nothing to show that this applicant has made any kind of representation or any inducement to give any government job. 6. Considering the allegations in the supplementary statement, the applicant has expressed readiness to join in the investigation and extend co-operation. It has to be noted that, in view 2/4 902-aba1918-26.doc of the readiness of the applicant, this Court has granted interim protection to the applicant by an order dated 22nd July, 2026. It has to be seen that the applicant has earlier expressed readiness to return the amount of Rs.2,80,000/- to the complainant and accordingly today an affidavit-cum-undertaking of the applicant dated 9th September, 2026 is tendered across the bar. Apart from this, learned counsel for applicant has handed over the Demand Draft to the complainant, who is personally present, and the same is received by the complainant in presence of the Investigating Officer. 7. Learned APP for respondent although pointed out that the allegations are there against other accused persons, however, there is no dispute about the readiness of the applicant to pay the amount in view of the affidavit-cum-undertaking and the fact that the applicant has actually paid the amount by Demand Draft. 8. It has to be noted that that the name of this applicant is mentioned only in the supplementary statement. There is no material to show that this applicant has done any overt act. It is crucial to note that at this stage, this applicant has given an amount of Rs.2,80,000/- to the complainant by Demand Draft and thus considering the bona fide conduct of the applicant, interim protection granted by this Court that needs to be confirmed. Considering all these facts, the application 3/4 902-aba1918-26.doc needs to be allowed. Hence, I pass the following order :- O R D E R : a). In the event of arrest of the applicant in Crime No.394 of 2026 registered with Malad Police Station, Mumbai, he be released on bail on furnishing P. R. Bond of Rs.25,000/- with one solvent surety in the like amount. b). The applicant is directed to extend co-operation whenever required. 9. The instant application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 4/4