59-ABA-1150-2025.doc Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1150 OF 2025 Krishna Fula Rathod ...Applicant Versus The State Of Maharashtra ...Respondent ------- Mr. Vaibhav Ugle a/w Mr. Rutik A. Kashid i/by Mr. Kalpesh Patil, for the Applicant. Mr. A. S. Shalgaonkar, APP for the Respondent. ------- CORAM : SHIVKUMAR DIGE, J. DATE : 30th SEPTEMBER, 2025 P.C.: 1. Applicant is apprehending arrest in Crime No.314 of 2023 registered with Kurduwadi Police Station, Dist. Solapur for the offences punishable under Sections 420 of the Indian Penal Code, 1860. 2. It is prosecution’s case that the first informant has given Rs. 11,00,000/- to the applicant for providing labourers for cutting of sugarcane. It is alleged that after receiving that amount, the applicant did not provide the labourers for sugarcane cutting and thereby cheated the first informant. 1/4 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.10.06 16:07:54 +0530 59-ABA-1150-2025.doc 3. It is the contention of learned counsel for applicant that the applicant is on interim relief and he has co-operated in the investigation. He further submits that the agreement was executed between the applicant and the first informant. The nature of dispute is civil nature. Hence, requested to allow the application. 4. It is the contention of learned APP that the applicant has taken the amount of Rs.11,00,000/- from the first informant through RTGS transaction, but he did not provide the labourers as agreed. He has cheated the first informant. Considering the allegations against the applicant his custodial interrogation is required. Hence, requested to reject the application. 5. I have heard both the learned counsels, perused the FIR and documents placed on record. 6. It appears from the record that the applicant is on interim relief and has co-operated in the investigation. There was an agreement between the applicant and first informant. It appears from the record that the applicant has received the amount from the first informant through RTGS transaction. The nature of dispute between the applicant and first informant 2/4 59-ABA-1150-2025.doc appears to be civil nature. Whether the applicant has cheated the first informant or not is part of evidence. Considering these facts, custodial interrogation of the applicant is not required. Hence, I pass the following order. ORDER (i) Application is allowed; (ii) In the event of arrest, the applicant be enlarged on bail in Crime No.314 of 2023 registered with Kurduwadi Police Station, Dist. Solapur, on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount. (iii) The applicant shall attend the concerned police station as and when required. 7. The application is allowed in the aforesaid terms and is accordingly disposed off. 8. It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 3/4 59-ABA-1150-2025.doc 9. All concerned to act on the authenticated copy of this order. [SHIVKUMAR DIGE, J.] 4/4