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2025 DAILYLAW 2537 (BOM)

AMIT HANUMANT JADHAV v. STATE OF MAHARASHTRA

ABA/1350/2025 · 2026-08-06

Prafulla S Khubalkar

body2025

Judgment text

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902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1350 OF 2025 Mr. Amit Hanumant Jadhav …Applicant Versus The State of Maharashtra And Anr. …Respondents WITH ANTICIPATORY BAIL APPLICATION NO. 1354 OF 2025 Mr. Vyanktesh Jeevan Chandekar …Applicant Versus The State of Maharashtra And Anr. …Respondents Adv. Adv Sushrita A Daga a/w Adv. Mahesh Bharat Desai for the Applicants. Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State. Adv. Abhijeet Desai a/w Adv. Karan Gajra a/w Adv Sanchita Sontakke, for the Respondent No.2. WPSI Renuka Pardeshi, Kandivali Police Station, Mumbai, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 6TH AUGUST 2026 P.C:- 1. Heard learned counsel for applicants, learned APP for respondent – State and learned counsel for respondent no.2. 2. The applicants are apprehending arrest in Crime No. 118 of 2025, dated 14.02.2025, registered with Kandivali (West) Police 6th August 2026 902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT Station, Brihanmumbai, for the offence punishable under Sections 3(5) and 316(4) of The Bharatiya Nyaya Sanhita, 2023, (for short, “BNS”) and Sections 43(b), 43(j), 66 and 72 of the Information Technology Act, 2000 (for short, “IT Act”). 3. The FIR is registered on the basis of a report lodged by the complainant who claims to be a Director of the company by name PRIYAANJAS OPC Pvt. Ltd. which is involved in the business of water treatment recycle and reuse projects. It is alleged that the accused persons were working in the company as employees of the company particularly, that the accused no.1, Dr. Jayant Chandorkar was the Vice President whereas accused no.2, Mr. Vyanktesh Jeevan Chandekar was entrusted with the work of Commissioning and Supervision Engineer and accused no.3, Amit Hanumant Jadhav was the Executive Engineer. It is alleged that the accused persons have clandestinely diverted the technological know-how of the company for the purpose of running their independent company by name ‘SAV Analytic Online System’ which was being run at Nagpur. It is alleged that the technological innovations of the company particularly the ‘TWAT Catalyst Technology’ was being used by these applicants for the purpose of 6th August 2026 902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT doing their independent business and earning profits. On the basis of these allegations, the FIR is registered against the three accused persons. 4. Learned counsel for applicants submits that these applicants were working as employees of the company and the allegations of secretly transferring the technology for the purpose of doing the business of other company are without any basis. He submits that there was no use of TWAT Catalyst Technology as alleged. He also submits that considering the nature of allegations, there is no need of custodial interrogation of this applicant as the investigation is primarily based on the documentary evidence. Apart from this, he submits that this applicant was protected by order dated 23rd June 2025 and he has not misused the liberty and therefore, prays for confirmation of interim protection. 5. Learned counsel for applicants,on instructions, submits that in view of the allegations about conduct of business by using technical know-how of the complainant’s company, they have filed an undertaking on affidavit, and accordingly, they undertake that they will not directly or indirectly use TWAT Catalyst Technology. In this regard, the affidavit-cum-undertaking dated 6th August 6th August 2026 902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT 2026 submitted by applicants is taken on record. Relevant paragraph of the said undertaking being paragraph – 2 is reproduced below :- “2. Without admitting any of the allegations made by the prosecution or the complainant and without prejudice to my rights and contentions in the pending proceedings, I hereby state that I shall not, directly or indirectly, use, copy, reproduce, exploit, disclose commercialize or deal with the TWAT Catalyst Technology, together with any confidential information, proprietary know-how, trade secrets, patented processes or other intellectual property rights exclusively belonging to the complainant, namely Priyaanjas OPC Private Limited and/or Mr. Reepal Joshi.” 6. It has to be noted that the offence is registered on 14th February 2025 and investigation is going on. One of the accused, by name Dr. Jayant Chandorkar has been protected by order dated 23rd June 2025 and there is nothing to show that the said accused has misused the liberty in any manner. Thus, in view of the undertaking submitted by the applicants and since there is no need of custody, the personal liberty of these applicants also need to be protected. 7. Considering the nature of allegations and the fact that the applicants have submitted the undertaking on affidavit, the 6th August 2026 902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT applications can be allowed, subject to certain conditions. 8. Hence, I pass following order :- ORDER (i) The Anticipatory Bail Application are allowed. (ii) In the event of arrest of the applicants in Crime No. 118 of 2025, registered with Kandivali (West) Police Station, Brihanmumbai, for the offence punishable under Sections 316(4), 3(5) of The Bharatiya Nyaya Sanhita, 2023, (for short, “BNS”) and Section 43(b), 43(j), 66 and 72 of the Information Technology Act, 2000, they be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each, with one solvent surety of the like amount. (iii) The applicants shall not interfere with the investigation and shall extend cooperation during investigation and trial. (iv) In view of the applicant’s undertaking on affidavit, it is directed that the applicants shall not, directly or indirectly, use in any manner or commercialize or deal with the TWAT Catalyst Technology, together with any 6th August 2026 902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT confidential information or other intellectual property rights exclusively belonging to the complainant’s company, during pendency of the investigation and trials. (v) The applicants shall extend cooperation by revealing all the information, if demanded by the Investigating Officer with respect to the use of TWAT Catalyst Technology through SAV Analytic Online System including the e-mail and correspondence exchanged in that regard. (vi) Breach of any of these conditions, shall be a ground for cancellation of the bail. 9. Anticipatory Bail Applications are disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 6th August 2026