Chitra Sonawane. 912-aba-1931-25.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1931 of 2025 Omkar Subhash Salunkhe Age: 24 years, Occ: Student, Residing at Post Shirdhon, Taluka Koregaon, District: Satara … Applicant versus The State of Maharashtra At the instance of Koregaon Police Station, Satara Vide C.R. No.51 of 2023 … Respondent ---- Mr Kuldeep U Nikam, for the applicant. Mr Anand Shalgaonkar, APP, for the respondent/ State. ---- Coram: R.N. Laddha, J. Date: 15 July 2025 P.C.: By this application, the applicant seeks pre-arrest bail in connection with CR No.51 of 2023, registered at Koregaon Police Station, Satara, for offences punishable under Sections 406, 420, 468, and 506, read with 34 of the Indian Penal Code. 2. The prosecution alleges that the co-accused, Bhimrao and Aniket Jadhav, deceitfully approached the informant under the pretext of assisting in securing employment for his son in the __________________________________________________ 15 July 2025 CHITRA SANJAY SONAWANE Digitally signed by CHITRA SANJAY SONAWANE Date: 2025.07.16 21:01:04 +0530 Chitra Sonawane. 912-aba-1931-25.docx Satara Fire Brigade Station. They misrepresented facts and provided false assurances, claiming they could facilitate the appointment in exchange for a payment of Rs.5,50,000/-. As part of this purported scheme, they introduced the applicant as a senior-ranking official with the department, thereby reinforcing the credibility of their claims. Acting upon these representations, the informant initially paid Rs.1,00,000/- in cash. Subsequently, additional payments amounting to Rs.4,18,000/- were made through banking channels. However, despite multiple follow-ups and persistent requests by the informant for the promised appointment letter, the accused evaded the issue, resorted to vague responses, and eventually issued threats in an attempt to silence further inquiries. To date, neither has the promised employment materialised, nor has the amount collected been returned. According to the prosecution, these actions amount to a calculated act of fraud and criminal breach of trust against the informant. 3. Mr Kuldeep Nikam, the learned Counsel appearing on behalf of the applicant, asserts the applicant’s innocence and submits that the applicant has been falsely implicated in the crime. He contends that the applicant is not the beneficiary of the alleged funds, and the entire case is based on documentary evidence that is already in possession of the investigating __________________________________________________ 15 July 2025 Chitra Sonawane. 912-aba-1931-25.docx agency. Furthermore, nothing is to be recovered or discovered from the applicant. The learned Counsel submits that the applicant is ready to abide by any conditions this Court imposes if granted bail. 4. Mr Anand Shalgaonkar, the learned Additional Public Prosecutor representing the respondent/ State, opposes the applicant’s plea for pre-arrest bail. He contends that the applicant deceitfully impersonated a high-ranking official within the Fire Department, and out of Rs.5,50,000/-, the applicant demanded Rs.26,000/- under the pretence of training and uniform expenses. Pursuant to the scheme, the accused fabricated and distributed fraudulent appointment letters to gullible candidates, thereby luring them into believing they had secured legitimate positions. This fraudulent operation was executed through a carefully crafted modus operandi, which has been repeatedly employed to cheat a number of innocent individuals. Describing the applicant as the central figure in this nefarious scheme, the learned APP argues that the applicant’s custody is essential to fully unravel the extent of the fraud and identify all individuals complicit in the crime. He submits that although a charge sheet has already been filed against the co- accused, the investigation into the applicant’s activities remains ongoing. If pre-arrest bail is granted, there is a genuine risk __________________________________________________ 15 July 2025 Chitra Sonawane. 912-aba-1931-25.docx that the applicant could tamper with crucial evidence and intimidate potential witnesses, jeopardising the integrity of the ongoing investigation. 5. This Court has given anxious consideration to the rival contentions and perused the records. 6. It is a settled position in law that granting pre-arrest bail is an extraordinary power. While regular bail is generally considered the norm, the same principle does not apply to anticipatory bail. Considering each case’s specific circumstances, the Court must exercise careful and prudent discretion when deciding whether to grant anticipatory bail. There is no straitjacket formula. Caution is necessary, as granting protection in serious cases could potentially hinder investigation or lead to a miscarriage of justice by allowing tampering with evidence. A profitable reference in this regard must be made to the Hon’ble Supreme Court’s decision in Srikant Upadhyay v. State of Bihar, 2024 SCC OnLine SC 282. 7. Upon pursuing the records, it appears that the applicant, in connivance with the co-accused, orchestrated a well-planned and deceitful scheme by falsely promising employment opportunities within the Fire Department. This fraudulent enterprise involved luring victims into parting with substantial __________________________________________________ 15 July 2025 Chitra Sonawane. 912-aba-1931-25.docx sums of money under the guise of securing government jobs. A cursory reading of the FIR reveals that specific and serious allegations have been levelled against the applicant. He is accused of impersonating a high-ranking official of the Fire department and of directly soliciting a sum of Rs.26,000/-, purportedly towards expenses for training and uniforms, as part of a larger amount totalling Rs.5,50,000/-. The material on record prima facie indicates that the co-accused actively collected the money from the victims and later transferred a portion of the funds in cash to the applicant. Further investigation has brought to light the existence of similarly situated victims, who were misled and issued forged appointment letters. The material available on record, prima facie, strongly implicates the applicant and reflects his active participation in the commission of the offence. That apart, it is pertinent to note that the FIR in the matter was registered on 10 February 2023. The applicant initially sought pre-arrest bail by filing Criminal Bail Application No.137 of 2023 before the Sessions Court at Satara on 24 February 2023. Thereafter, the applicant once again moved the Sessions Court by filing Anticipatory Bail Application No.473 of 2023 on 20 June 2023, which was also rejected on 23 August 2023. Despite these setbacks, the applicant refrained from approaching this Court until 11 July 2025. This prolonged and unexplained __________________________________________________ 15 July 2025 Chitra Sonawane. 912-aba-1931-25.docx delay in seeking relief, coupled with the applicant’s conduct during the intervening period wherein he remained absconding and failed to cooperate with the investigating agency, clearly indicates a lack of bona fides and a conscious attempt to evade the legal process. 8. In view of the foregoing, the applicant’s conduct not only reflects a wilful disregard for the rule of law but also militates against the grant of discretionary relief. The facts and circumstances, as they stood, do not inspire confidence to exercise the Court’s discretionary jurisdiction in favour of the applicant. Accordingly, the application stands rejected. [R.N. Laddha, J.] __________________________________________________ 15 July 2025