15-ABA-3034-2025.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3034 OF 2025 Dr. Dhiraj Rampyare Dube And Anr. …Applicants Versus The State of Maharashtra And Anr. …Respondents Adv. Shekhar Ingawale a/w Mr. Akshay Shukla a/w Adv. Anand Tiwari, for Applicants. Mr. Prasanna P. Malshe , A.P. P., for Respondent No.1 – State. Adv. Ashok Kumar Dubey a/w Adv. Anil Kumar Pandey, for Respondent No.2. API Ritesh Mali, Vakola Police Station, Mumbai, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 22ND JUNE 2026 PC:- 1. Heard learned counsel for applicants as well as learned APP for respondent no.1 and Advocate Ashok Dubey for respondent no.2. 2. Learned counsel for applicants, at the outset points out that by order dated 24th November 2025 the applicants are protected by this Court and they have not misused the liberty and therefore their interim protection be confirmed. 3. The applicants have filed the instant application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking pre-arrest bail in Crime No. 652 of 2025 22nd June 2026 15-ABA-3034-2025.ODT dated 05.07.2025, registered with Vakola Police Station, Brihanmumbai, for the offence punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 4. The offence is registered on the basis of a report dated 05.07.2025 lodged by Mr. Ketan Madhusudan Shroff i.e. respondent no.2 herein. It is alleged in the report that the applicant nos. 1 and 2 who are doctors, acted in collusion with applicant no.3 who is their sister, and they induced the complainant to invest amount in their company by name, ProTec Concepts Private Limited, Bhandup, Mumbai for Zerconia Dental Disc Projects and they had assured 50% partnership to the complainant. It is alleged that the applicant nos. 1 and 2 have forged the signatures of the applicant no.3 and prepared forged documents and thus have cheated the complainant and one Mr. Dharmendra Mehta for total of Rs.9,84,50,000/-. It is alleged in the report that an amount of Rs. 2,75,00,000/- was transferred by complainant Mr. Ketan Shroff from time to time in favour of ProTec Concepts Private Limited and further that an amount of Rs. 7,09,50,000/- was transferred from the HDFC Bank account of Mr. Dharmendra Mehta in favour of ProTec Concepts Private Limited. It is alleged that after transfer of these amounts, all these persons have cheated the complainant and therefore offence came to be registered against them. 5. Learned counsel for the applicant submits that the allegations of cheating are without any substance as the 22nd June 2026 15-ABA-3034-2025.ODT amounts which were transferred by the complainant Mr. Ketan Shroff as mentioned in the First Information Report, was re- transferred by the applicants to the account of the complainant and there is no question of any cheating. He submits that all these transactions are reflected in the bank accounts which are placed on record. Apart from this, he submitted that the allegations of forged signatures of the brothers and sister are also without any basis as there is no complaint by any of them about forgery of their signatures. This apart, he submits that there is nothing to show any agreement of 50% with the complainant and the allegations in this regard are without any basis. As regards the payments allegedly made from the account of Mr. Dharmendra Mehta, he submitted that there are no documents showing any payments made by Mr. Dharmendra Mehta in the account of M/s ProTec Concepts Private Limited, much less to the tune of Rs. 7,09,50,000/-. Apart from all these submissions the learned counsel for applicants submitted that these applicants have been protected by an interim order passed by this Court and they have not misused the liberty at any time. He submitted that the applicants are ready to cooperate the investigating agency and sought for confirmation of interim protection. 6. As against this, learned APP as well as learned counsel for respondent no.2 opposed the application and submitted that the applicants have not cooperated the investigating agency and by inviting my attention to a communication dated 19.07.2025 22nd June 2026 15-ABA-3034-2025.ODT issued by the Investigating Officer, it is submitted that the applicants have not supplied all the necessary documents demanded by the said communication. 7. Learned counsel for respondent no.2 also submitted that although the applicants have alleged that the entries regarding payments by the company were reversed, the amount was again transferred in favour of the company and as such the allegations of cheating are based on factual position. As regards payments through HDFC Bank account of Mr. Dharmentra Menta the learned counsel for respondent no.2 submitted that the payments were made through some other company and the same are reflected from the account extracts of M/s ProTec Concepts Private Limited. On all these contentions they opposed the application for pre-arrest bail. 8. It has to be noted that the applicant nos. 1 and 2 are doctors by profession and applicant no.3 is a Software Engineer. 9. Although the allegations are made about the transfer of several amounts by the complainant in the company of the applicants, it appears that the amounts were re-transferred by the applicants as reflected from the account extracts. However, whether the entries were further reversed or not would be a subject matter of investigation. As regards the payments by Mr. Dharmentra Mehta through his HDFC Bank account, it appears that there is no record showing those payments and at this 22nd June 2026 15-ABA-3034-2025.ODT stage, before investigation is completed, nothing can be inferred about the payments made by Mr. Dharmendra Mehta. 10. It has to be noted that the investigation in the matter is pending. The applicants were granted protection by this Court vide order dated 24th November 2025 and since then they are enjoying the protection. There is nothing on record to show that the applicants have misused the liberty granted by this Court. As such, although there are allegations about the cheating and other offences, the interim protection granted earlier needs to be confirmed by putting the applicants on certain conditions. Further, there is nothing on record to show that the custodial interrogation of the applicants is required at this stage. 11. Hence, I pass following order :- ORDER (i) Anticipatory Bail Application No. 3034 of 2025 is allowed. (ii) In the event of arrest of these applicants in Crime No. 652 of 2025 dated 05.07.2025, registered with Vakola Police Station, Brihanmumbai, for the offence punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, they be released on bail on furnishing P. R. Bond of Rs. 50,000/- (Rupees Fifty Thousand only) each, with solvent surety of the like amount. 22nd June 2026 15-ABA-3034-2025.ODT (iii) The applicants are directed to attend Vakola Police Station, Brihanmumbai on every Monday between 10:00 a.m. to 5:00 p.m., for a period of three months and thereafter as and when called upon by the Investigating Officer. (iv) The applicants shall cooperate the Investigating agency during investigation and trial. (v) The applicants shall not tamper with the prosecution evidence or influence the witnesses directly or indirectly. 12. The application is allowed in above terms and disposed of accordingly. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 22nd June 2026