H.C.SHIV 31.BA4586.25.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4586 OF 2025 Kiran Sadashiv Chaudhary …Applicant V/s. State of Maharashtra …Respondent Mr. Abhinav J. Dubey with Swati Pandey for the Applicant. Ms. K. T. Hiwrale, APP for the Respondent-State. CORAM: SHYAM C. CHANDAK, J. DATED : 29th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present application seeks release of the applicant on bail in connection with Cr. No.24 of 2025, registered with Kinhavli police station, Thane for the offence punishable under Sections 318(4), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), on the report dated 22nd February 2025, lodged by Sadashiv Tiwar. 3. The prosecution case is that, between 2019 to 2020, Accused No.1-Ashish Fulmare along with the applicant and Accused No.3- Nasir Patel in furtherance of their common intention deceived the informant by making false promise that they would get his son a job in the Bank of Baroda against payment of Rs.15,00,000/- and, dishonestly induced the informant to pay them a part amount totalling to Rs.6,50,000/- in cash and through banking transactions. However, they did not provide the job to his son as promised nor returned the money. Thus, the accused cheated the informant. It is alleged that, the applicant had received an amount of Rs.1,75,000/-, out of the amount of Rs.6,50,000/-. Therefore, the HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.30 18:52:35 +0300 H.C.SHIV 31.BA4586.25.DOC applicant came to be arrested. A1 could not be arrested. A3 is not arrested. On completion of investigation police submitted the charge-sheet against the applicant and A3, showing A1 as the wanted accused. The trial Court and the Sessions Court declined to release the applicant on bail. Hence, this application. 4. Considering the submissions and the material on record, in my view, there is a prima facie case against the applicant of having committed the present offence alongwith his co-accused. However, it cannot be ignored that there is a delay of five years in lodging the report. The investigation relating to the applicant is over. His further detention in jail will not serve any purpose. The prosecution has cited total 6 witnesses. Therefore, the trial will take some time to conclude. The applicant has no criminal antecedents. He is not likely to abscond and tamper with the evidence. Mr.Dubey, the learned Counsel, on instructions, stated that the applicant is ready to pay Rs.1,25,000/- to the informant towards the alleged wrongful loss without prejudice to the rights, defence and contentions of the parties to be raised before the trial Court and in any other proceedings that may arise out of the present crime. Mr. Dubey further stated that, the applicant hereby gives his no-objection to withdraw the amount of Rs.1,25,000/- by the informant if he seeks withdrawal of the said amount. 5. In view thereof, the applicant is entitled for bail. Hence, following Order :- (i) Applicant – Kiran Sadashiv Chaudhary be released on bail in aforesaid FIR registered with Kinhavli police station, Shahapur, Thane, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. Page 2 of 4 H.C.SHIV 31.BA4586.25.DOC (ii) As voluntarily undertaken, the applicant shall deposit an amount of Rs.1,25,000/- in the trial Court. (a) Said deposit shall be without prejudice to the rights, defence and contentions of the parties to be raised before the trial Court and, in any other proceedings that may arise out of the present crime. Similarly, the said deposit shall not be construed as an admission of guilt in this crime by the applicant. (b) However, the informant is at liberty to withdraw the amount of Rs.1,25,000/-, if he is willing and/or advised for. (c) The trial Court to pass an appropriate Order as to the final disposal of the said amount depending upon the outcome of the case. (iii) The applicant shall mark his attendance at Kinhavli police station, Shahapur, Thane on 1st day of each month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. (iv) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (v) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (vi) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. Page 3 of 4 H.C.SHIV 31.BA4586.25.DOC (vii) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (viii) It is clarified that any observation made in the present order are for the purpose of deciding the present Bail Application and should not influence the out come of the trial and also not be taken as an expression of opinion on the merits of the case. 6. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)