11-ABA-2441-2025 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 2441 OF 2025 Kunal Suresh Mestri … Applicant Versus The State Of Maharashtra … Respondent —————— Mr. Tanvii Tapkire for the Applicant. Mr. Nitin B. Patil, A.P.P. for the Respondent-State. —————— Coram : MEHROZ K. PATHAN, J. Date : 25th June 2026. PER COURT : 1. The Applicant has approached this Court seeking anticipatory bail in connection with F.I.R. No. 0031 of 2025, dated 07/02/2025, registered with Vishrambag Police Station, District Sangli, for the offences punishable under Sections 318(4), 316(5), 3(5) of The Bharatiya Nyaya Sanhita, 2023 and Section 3 of The Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. 2. The case of the prosecution is that : The crime is registered on the report of informant Anil Baburao Patil, osk 1 of 5 11-ABA-2441-2025 (CR).docx who filed FIR on 07/02/2025. He alleged that accused Ashutosh Kasekar induced to invest money in Financement Company, by stating that he will get return of 50% to 60% after 15 days. Accused returned some amount to some investors by stating same to be profit, for initial period, and won over the trust of investors. The informant and his relatives invested amount of Rs. 1,47,87,500/- from time to time. Rs.15,00,000/- as refund of invested amount and Rs.19,15,000/- as profit of investment, were returned to them, from different accounts to different accounts of said informant and his relatives. The accused Kunal Mestri was the head of the company office of Kolhapur. Thereafter, accused refused even to return their invested money and thereby cheated them for amount of Rs.1,32,87,500/-. 3. Learned counsel for the Applicant submits that the Applicant is falsely implicated in the present crime. The present Applicant was himself a victim in the present crime and he has also invested huge amount in the company and did not receive any benefits. There are letters issued by the main accused Ashutosh, thereby taking responsibility of the liabilities of the company and that the present accused has no concerned with the company or amounts invested in the company. There are no direct allegations against the Applicant regarding inducing the complainant or any other investors to invest in the company. The persons invested in the company already had knowledge about the risk involved in the present crime. The main accused osk 2 of 5 11-ABA-2441-2025 (CR).docx Ashutosh is already arrested and is behind bars. The Applicant was protected by the interim order passed by this Court vide order dated 09/01/2026, which was thereafter continued by a detailed order passed by this Court dated 27/03/2026. The Applicant is ready to cooperate with the investigation and further abide by the conditions that may be imposed by this Court. The Applicant is not having any criminal antecedents and are having deep roots in the society and is not at a flight risk. The reply filed by the State would show that the investigation is already complete. The chargesheet is filed in the present crime. Thus, the custodial interrogation of the present Applicant is not necessary. Hence, the Applicant may be released on anticipatory bail by confirming the interim order passed by this Court. 4. As against this, learned A.P.P. strongly opposes the anticipatory bail application on the ground that the Applicant is one of the prime accused in the said crime and is specifically named in the F.I.R.. The Applicant was working as the head of the Kolhapur Division of the company, which has duped not only the complainant but several other investors of their hard earned money under the promise of giving them high returns for their investment. Falling prey to the scheme floated by the company and circulated by the present Applicant, the investors have deposited their money; however, they have failed to receive the returns. The custodial interrogation of the Applicant is thus necessary to complete the investigation osk 3 of 5 11-ABA-2441-2025 (CR).docx from all angles and to recover the huge amounts. There are monetary transactions which could be revealed. There are statements of accounts, which would show the connection of the Applicant with the main accused Ashutosh. There is sufficient material to bring home the guilt of the present Applicant, which has resulted in the filing of the chargesheet against the present Applicant. Thus, this is not a fit case to release the Applicant on anticipatory bail. Hence, the anticipatory bail application may be rejected. 5. I have gone through the Affidavit filed by the prosecution in the present case. I have also gone through the interim order passed by this Court dated 09/01/2026 and the interim order dated 27/03/2026 passed in the present case, wherein the fair admission of the prosecution that the interim protection was granted to the present Applicant was recorded. The Affidavit filed by the prosecution in the present crime shows that while the Applicant was protected, the chargesheet is filed in the present crime on 29/12/2025, keeping the provisions of further investigations open. 6. The Applicant was protected by the interim order passed by this Court and there are no allegations about the Applicant violating the conditions. The investigations are over. Charesheet is filed against Applicant. I am inclined to protect the Applicant by confirming the interim order, however on certain conditions. Hence, the following order :- osk 4 of 5 11-ABA-2441-2025 (CR).docx O R D E R i. The Application is allowed. ii. The interim orders dated 09/01/2026 and 27/03/2026 are hereby confirmed. However, subject to additional conditions that the Applicant - Kunal Suresh Mestri shall attend the concerned Police Station and report to the Investigating Officer on every Saturday, between 12:00 noon and 02:00 p.m., till framing of the charge against the present Applicant. iii. The Applicant shall also cooperate with the investigation. iv. The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner. v. The Applicant shall submit his Aadhar Card and Pan Card to the Investigating Officer along with mobile numbers and addresses of two of his near relatives. vi. The Applicant shall not leave the country without leave of the trial Court and shall surrender his passport to the Investigating Officer. 7. Needless to say, a single violation of any of the conditions imposed by this Court shall entitle the prosecution and the complainant to seek cancellation of bail of the present Applicant. 8. The Application stands disposed off accordingly. [ MEHROZ K. PATHAN, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.06.29 19:12:18 +0530