1 21.aba.750.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.750 OF 2026 Rupesh Ashokrao Aware ..vs.. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri T.U. Tathod, advocate for the applicant. Shri A.M. Kadukar, APP for non-applicant/State. Shri N.D. Khamborkar, Advocate for the Bank. CORAM: M.M. NERLIKAR, J. DATE : 24.09.2026. Heard. 2. Apprehending arrest in connection with Crime No.422 of 2026 registered with Morshi Police Station, Amravati Rural for the offence punishable under Sections 3(5), 316(5), 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, the applicant prays for pre-arrest bail. 3. The FIR came to be lodged against the applicant alleging that being the Manager of the Bank, he has misappropriated the part amount, which has to be deposited with the bank entirely. 4. Learned Counsel for the applicant submit that being the Manager of the Isaf Small Finance Bank (‘Bank’), he was entrusted with a job of collecting and recovering the amount from the customers of the bank. It is alleged that entire amount has not been deposited by the applicant in the said bank and accordingly, as per the FIR Rs.26,219/- has been shown to be outstanding against the applicant. 2026:BHC-NAG:12745 2 21.aba.750.2026 5. Learned Counsel for the applicant submits that the applicant is ready to deposit the said amount, to which learned APP submits that the investigation is in progress and from the applicant till today Rs.1,02000/- is shows to be recovered. To which, it is submitted that, the applicant is also ready to deposit the said amount in the said bank. Learned Counsel appearing for the Bank submitted that the bank is ready to accept the same, therefore, the applicant prayed for grant of pre-arrest protection. 6. On the other hand learned APP vehemently opposed the application on the ground that, merely depositing some amount out of the misappropriated amount, is not sufficient to grant the pre-arrest protection to the applicant. He submits that there was male fide intention of the applicant of deceiving the customers and the bank, therefore, considering this aspect, the application is prayed to be rejected 7. I have considered the rival submissions and perused the record. It appears that the applicant is working with the said bank as a Manager and collected and recovered the amount from the customers of the bank. However, the applicant did not deposit the entire amount collected by the customers into the bank and consequently, misappropriated a portion of the said amount. 8. Considering the fact that the applicant is ready to deposit Rs.1,02,000/- in the said bank and considering the nature of allegation and the fact that entire amount has not been misappropriated, I am inclined to grant pre- 3 21.aba.750.2026 arrest protection to the applicant. Hence the following order : (a) The application is allowed and disposed of. (b) The order dated 20.08.2026 is hereby confirmed on the same terms and conditions as incorporated in the said order and on the condition that the applicant shall deposit Rs.1,02,000/- with the said Bank within 10 days from today. Failing which, the pre-arrest protection granted to the applicant, will be cancelled. (c) Pending application, if any, stands disposed of accordingly. (d)The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 28/09/2026 10:51:30