56.BA.3383.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3383 OF 2026 Sachin Vilas Kamble .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Abdul Kader, Advocate for Applicant.  Ms. Anuja S. Gotad, APP for Respondent – State.  API – Mr. Kanase, EOW Pune City present. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 28, 2026. P.C.: 1. Heard Mr. Kader, learned Advocate for Applicant and Ms. Gotad, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.468 of 2025 registered with Vimantal Police Station, District Pune for offences punishable under Sections 316(2), 316(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 3 of the Maharashtra Protection of Interest of Depositors Act, 1999. The First Information Report is filed on 23.09.2025 and Applicant came to be arrested on 23.09.2025. 1 of 5 56.BA.3383.2026.doc 3. Applicant is indicted in an offence of criminal breach of trust and cheating. The case of the prosecution stems from the Complainant's approaching them stating that Applicant has cheated him and there is an element of criminal breach of trust. Prima facie, the material which is placed on record shows that there was a relationship between the parties whereby Complainant entrusted his investment to the Applicant for investing in the share market and it is also seen that for the first few months, the Complainant received handsome returns. It is only when the returns dried up that the present case of cheating and criminal breach of trust has been filed. Investigation has been completed. All disclosures have been made, prima facie element of cheating is not made out against the prosecution in view of the fact that it is the Complainant's own case that he had received amounts for the first few months on the investments made by him. 4. It is prima facie seen from the record that even as per the prosecution case, out of the total outlay of the amount of Rs.3.57 crores, an amount in excess of Rs.1.37 crores has been received by the Complainant and this itself enures to the benefit of Applicant before me. 5. The dispute, in my opinion therefore would be a civil dispute and criminal prosecution cannot be invoked. However, the aspect of 2 of 5 56.BA.3383.2026.doc cheating can be proved by the prosecution at trial. Applicant is arrested and in jail for almost 1 year, investigation has been completed and no further custodial interrogation is required. Charges have been framed and stage of trial is set. In that view of the matter, I am inclined to accept the case of Applicant for grant of bail. 6. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Sachin Vilas Kamble is directed to be immediately released from prison in connection with CR. No.648 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Vimantal Police Station, once every month, on the first Sunday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, 3 of 5 56.BA.3383.2026.doc unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 7. 7. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made 4 of 5 56.BA.3383.2026.doc hereinabove in this order. 8. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.28 20:28:29 +0530