17-ABA-1758-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1758 OF 2026 Mukesh Amrutlal Manek …Applicant Versus The State of Maharashtra …Respondent Adv. Harshada Shrikhande i/b Adv. Saurabh D Butala, for Applicant. Mr. Ashok S. Gawai, A.P. P., for Respondent – State. API Prashant Ashok Jadhav, Kalwa Police Station, Thane City, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 28TH SEPTEMBER 2026 P. C:- 1. Heard learned counsel for applicant as well as learned APP for respondent – State. 2. The applicant has filed the instant application under Section 482 of The Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, “BNSS”), for seeking pre-arrest bail in connection with Crime No. 68 of 2026 dated 12.02.2026, registered with Kalwa Police Station, Thane, for the offence punishable under Sections 318(1), 316(2) and 3(5) of The Bharatiya Nyaya Sanhita, 2023. 28th September 2026 17-ABA-1758-2026.ODT 3. The FIR is lodged by the complainant alleging that the four accused persons named therein had cheated the complainant and other persons by inducing them to pay amounts on the pretext that they will secure unlisted shares from the National Stock Exchange for complainant and other persons. The complainant has alleged that various amounts were transferred in the account of Rupesh i.e. accused No. 3. 4. Learned counsel for applicant submits that this applicant is not named in the FIR and he has no connection with the alleged transactions in between the complainant and the accused persons. He submits that the applicant is independently running his lottery business with respect to which he has a valid license and the amounts received in his account are with respect to other transactions. Learned counsel for applicant submits that in the instant matter, the applicant was served with a notice under Section 35(3) of the BNSS and in response thereto he had appeared before the investigating agency. She also submits that in accordance with the interim protection granted by this Court by order dated 8th July 2026, the applicant has attended the police station and produced the documents demanded including 28th September 2026 17-ABA-1758-2026.ODT his lottery license. She therefore submits that the interim protection be confirmed. 5. Learned APP for respondent - State has opposed the application and submitted that during investigation it is revealed that an amount of Rs. 11,25,000/- was transferred to the account of this applicant from the account of Rupesh i.e. accused No.3. He therefore, states that this applicant has also got some connection with the offence in question. However, there is no dispute that the applicant was served with the notice under Section 35(3) of BNSS and further that the applicant has attended the police station in accordance with the interim protection order. 6. Perused the FIR and the documents placed on record. It is apparent that the offence is registered against four accused persons and this applicant is not named in FIR. The issue about receipt of amount in the account of this applicant from the accused no.3 whether part of proceeds of crime, is subject matter of investigation. At this stage, considering the fact that the applicant has joined the investigation and attended the police station, custodial interrogation of this applicant need not 28th September 2026 17-ABA-1758-2026.ODT be insisted and hence, the interim protection granted by this Court needs to be confirmed. 7. It is also relevant to note that the applicant has tried to justify the transaction on the basis of his lottery business and he has already produced the lottery license to the investigating agency. 8. Considering the nature of allegations and the fact that the applicant has not been named in the FIR and further considering the fact that the applicant has joined the investigation and attended the police station, the personal liberty of this applicant needs to be protected subject to certain conditions. 9. Hence, I pass following order :- ORDER (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of this applicant in connection with Crime No. 68 of 2026 registered with Kalwa Police Station, Thane, for the offence punishable under Sections 318(1), 316(2) and 3(5) of The Bharatiya Nyaya Sanhita, 2023, he be released on bail 28th September 2026 17-ABA-1758-2026.ODT on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount. (iii) The applicant is directed to attend the Police Station as and when called upon by the investigating agency. (iv) The applicant is directed to extend co- operation during investigation and trial. (v) Breach of any of these conditions, shall be a ground for cancellation of the bail. 10. Anticipatory Bail Application is disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 28th September 2026