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2026 DAILYLAW 12079 (BOM)

ASHISH DADASO ANUSE v. THE STATE OF MAHARASHTRA

ABA/560/2026 · 2026-09-28

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

34-ABA-560-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 560 OF 2026 Ashish Dadaso Anuse ...Applicant Versus. The State of Maharashtra ...Respondent ----- Mr. Sarang Aradhye a/w Dnyaneshwari Utpat and Shantanu Gurav, Advocate for the Applicant. Mr. S. S. Chaudhari, APP for the Respondent – State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 28th September, 2026. P.C. : 1. Heard Mr. Sarang Aradhye, learned Advocate for the Applicant and Mr. S. S. Chaudhari, learned APP for the Respondent – State. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre- arrest bail, apprehending arrest in Crime No. 238 of 2026 registered at Vishrambag Police Station for offences punishable under Sections 420 and 406 of the Indian Penal Code, 1860. 3. Mr. Sarang Aradhye, learned Advocate for the Applicant, states that the Applicant is the sole accused in Crime No. 238 of 2026. Arjun 1 34-ABA-560-2026.doc 4. Mr. Sarang Aradhye, learned Advocate for the Applicant, states that the allegations against the Applicant in the FIR in Crime No. 238 of 2026, filed by the Informant (Sunil Balasaheb Salgar), are that the Informant, at the assurance of good returns, invested Rs. 8 lakhs with the Applicant. He submits that the Applicant has, in fact, abided by his assurance and has paid Rs. 15,62,593/- towards the investment made by the Informant (i.e., of Rs. 10 lakhs). He states that no amount is payable to the Informant. He therefore submits that no case has been made out against the Applicant. 5. Mr. Sarang Aradhye, learned Advocate for the Applicant, on instructions from the Applicant, states that the Applicant shall cooperate with the investigation in Crime No. 238 of 2026 and shall appear before the Investigating Officer at Vishrambag Police Station as and when required. 6. Mr. S. S. Chaudhari, learned APP for the Respondent – State, submits that the allegations against the Applicant relate to non-payment of the amounts invested with the Applicant. 7. Perused the records with the assistance of the learned Advocates for the parties. Arjun 2 34-ABA-560-2026.doc 8. A perusal of the FIR in Crime No. 238 of 2026 indicates that the Informant (Sunil Balasaheb Salgar) claims to have paid Rs. 10 lakhs to the Applicant. The FIR itself records the Informant's statement that the Applicant has returned Rs. 15,62,593/- in respect of the said amount of Rs. 10 lakhs. Thus, the FIR indicates that an amount of Rs. 5,62,593/- has been paid in excess of the amount received by the Applicant. 9. The FIR refers to amounts owed by another person (Satish Jadhav) that the Applicant has not repaid. As on date, Satish Jadhav has neither filed any complaint nor made any grievance regarding any amounts invested with the Applicant or their non-return. Satish Jadhav is not the Complainant in Crime No. 238 of 2026. 10. Be that as it may, for the above reasons, the allegations against the Applicant in Crime No. 238 of 2026 do not warrant custodial interrogation. 11. In view of the above, this Application is allowed on the following conditions :- (a) In the event of arrest of the Applicant in Crime No. 238 of 2026, registered with Vishrambag Police Station, the Applicant shall be released on bail upon Arjun 3 34-ABA-560-2026.doc furnishing a PR bond of Rs. 1,00,000/- with one or two sureties in the like amount, to the satisfaction of the Investigating Officer of Vishrambag Police Station. (b) Applicant shall appear and report to the Investigating Officer, Vishrambag Police Station, on 5th, 6th and 7th October, 2026 from 10:00 am to 1.00 p.m. and thereafter, as and when required by the Investigating Officer, in Crime No. 238 of 2026. The Applicant shall co-operate with the investigation in Crime No. 238 of 2026. (c) Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. (d) Applicant shall not tamper with evidence in any manner. (e) Applicant shall provide the Investigating Officer with his residential address along with proof, his Arjun 4 34-ABA-560-2026.doc contact number, email and must inform the Investigating Officer of any changes to this information from time to time. 12. Anticipatory Bail Application No. 560 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 5 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.28 21:33:05 +0530