Extracted from the PDF above. The PDF is authoritative.
33.ABA-2017.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2017 OF 2026 Vinod Somnath Rathod … Applicant V/s. State of Maharashtra …. Respondent ______________________ Mr. Vikrant V. Phatate (through VC) a/w Mr. Karan M. Chaudhary for the Applicant. Mr. Prashant P. Jadhav, APP for the Respondent-State. Ms. Chhaya Borkar, API a/w Mr. Umesh Koli, PSI attached to Chaturshrungi Police Station, present. ______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 5 OCTOBER 2026 P. C. :-
1. Heard Mr. Phatate, learned Counsel appearing for the Applicant and Mr. Jadhav, learned APP appearing for the Respondent-State.
2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant, who is Accused No.1, is seeking pre-arrest bail in connection with C.R. No.263 of 2026 registered with Chaturshrungi Police Station, District Pune Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.10.06 16:27:31 +0530
33.ABA-2017.26.DOC for the offences punishable under Sections 318(4), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. It is the submission of the learned counsel appearing for the Applicant that an amount of Rs.4,80,000/- has been received in his account and accordingly, a statement to the effect that the said amount will be deposited before the Trial Court was made on 3 August 2026 to show the bona fide of the Applicant. He submits that there is some typographical mistake in the order dated 3 August 2026, as amount of Rs.4,18,000/- has been mentioned instead of Rs.4,80,000/-. However, he submits that the Applicant has already deposited Rs.4,18,000/- as stated in the order dated 3 August 2026 and he is ready to deposit balance amount of Rs.72,000/- before the learned Trial Court.
4. On the other hand, the learned APP submits that offence is very serious and custodial interrogation is necessary.
5. The prosecution case is set out in paragraph no. 6 of the
order dated 29 June 2026 which reads as under :-
6. On perusal of copy of investigation papers, it appears that the co-accused Chaitanya Jori had introduced applicant and his brother Devidas with informant and her husband. It appears that they had shown plot no.1 situated at Mouje Vizar, Page 2 PPN
33.ABA-2017.26.DOC Tahsil Velhe Dist. Pune to informant and her husband. The informant and her husband had given Rs.4,20,000/- to them, but that transaction was not fulfilled. Then again these persons shown land situated in Mouje Kuruji to informant and her husband and again obtained Rs.4,80,000/- from informant and her husband. That transaction also not completed. It appears from the FIR that the land shown to informant was sold by owner of said land to other. It is not disputed by applicant that he received Rs.4,80,000/- from informant and her husband. Though he filed affidavit of one person to show that he paid Rs.4,80,000/- to him for purchasing land for informant and her family, but the affidavit does not support the said fact. The deponent stated that some amount has been paid by applicant. It is pertinent to mention that there is allegation that the applicant and his associates show land and obtain money and then assure the victims that they will adjust that amount in other transaction. Such conduct on the part of applicant and his associates prima facie shows that since beginning they do not have intention to complete transaction. It appears that similar types of three crimes were previously registered against the applicant. The investigation is going on. Detail investigation is required in present crime. 6. Thus as per prosecution case, the Applicant has cheated the First Informant for an amount of Rs.4,80,000/-. Learned counsel for the Applicant states that the Applicant is not involved in the crime. However, to show his bona fide, he is ready to deposit Rs.4,80,000 before the learned Trial Court and accordingly, he has already deposited Rs.4,18,000/- and the balance amount of Rs.72,000/- will be deposited within a period of one week from today. Page 3 PPN
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7. Perusal of the record shows that a learned Single Judge has already protected the Applicant by order dated 3 August 2026. There is nothing on record to show that the said liberty has been misused by the Applicant.
Learned counsel appearing for the Applicant states that the Applicant will cooperate with the investigation. 8. Accordingly, the case is made out for grant of anticipatory bail by passing the following order :- O R D E R (a) In the event of arrest of the Applicant in connection with C.R. No.263 of 2026 registered with Chaturshrungi Police Station, District Pune, the Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.30,000/- with one or two solvent sureties each in the like amount. (b) The Applicant shall attend the concerned Police Station on 12th and 13th October 2026 and thereafter, as and when called and shall cooperate with the Investigation. (c) The Applicant shall furnish his cell phone number and Page 4 PPN
33.ABA-2017.26.DOC residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. 9. The observations made in this order are only for the purpose of considering the anticipatory bail application. 10. Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 5 PPN