1 07 ABA 528.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [ABA] NO.528 OF 2026 [Dharmanath s/o Baliram Ingle .vs. State of Maharashtra, Through Police Station Officer, Police Station, Dabki Road, Akola, District-Akola] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.R. Tekade, Advocate for Applicant. Ms. Soniya Thakur, APP for Respondent-State. …………. CORAM : PRAVIN S. PATIL, J. DATE : 10-07-2026. 1. Heard. 2. By this application, the applicant is seeking anticipatory bail in Crime No.0316/2026 registered with Police Station, Dabki Road, Akola for the offences punishable under Section 316(2), 318(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 3 and 4 of the Maharashtra Protection of Depositors (In Financial Establishment) Act, 1999 and Section 81(5B) of the Maharashtra Co-operative Act, 1960. 3. The case of the prosecution against the present applicant is that the applicant was a Expert Director of the society for the period 2021-2022 to 2023-2024. In audit report of these period conducted by authorized auditor, it is found that the President Narayan Kashiram Aware of the society, his son namely Nandkishore Narayan Aware and Manager of the society are found to be involved in the misappropriation of a huge amount of the investors which they have invested in the Pat Sanstha. 4. In the said report, it is found that the President, entire Managing Board, Chief Executive Officer and concerned employees 2026:BHC-NAG:8734 2 07 ABA 528.26.odt are involved for such misappropriation and, therefore, on the basis of the audit report, the offence came to be registered in the matter. 5. The applicant, who approached before this court, states that he is one of the person has lodged the complaint against the President and Manager of the society on 22.9.2025 to the District Deputy Registrar, Cooperative Societies, Akola informing that at the instance of the President and Deputy Manager of the Pat Sanstha, there is a huge misappropriation and appropriate enquiry be conducted in the matter. 6. The applicant states that he is not at all involved in the alleged misappropriation in the matter. 7. In the background of this factual aspect, I have perused the case diary in the matter as well as the audit report. From the perusal of the case diary, I am satisfied that the applicant is not seems to be involved prima facie in the alleged offence. 8. It is also pertinent to note that looking to misappropriation, the District Deputy Registrar has already initiated the proceeding under Section 88 of the Maharashtra Cooperative Societies Act and issued notices to the concerned persons, who are found to be involved in the misappropriation. 9. According to the applicant, he is not in receipt of such notice in the matter. Hence, according to him, this fact substantiate this submission that he is not involved in the alleged offence. 10. In the background of above said factual position, in my opinion, the custodial interrogation of the applicant is not necessary and he can be directed to attend the Police Station and to cooperate in the investigation. Accordingly, following order is passed : O R D E R (i) In the event of arrest in connection with Crime No.0316/2026 registered with Police Station, Dabki Road, Akola for the offences punishable under Section 316(2), 318(4), 3(5) of the 3 07 ABA 528.26.odt Bharatiya Nyaya Sanhita, 2023, Section 3 and 4 of the Maharashtra Protection of Depositors (In Financial Establishment) Act, 1999 and Section 81(5B) of the Maharashtra Co-operative Act, 1960, the Applicant-Dharmanath s/o Baliram Ingle be released on bail on executing P.R. Bond in the sum of Rs.50,000/- with one solvent surety in the like amount. (ii) The applicant shall attend the concerned Police Station on every Tuesday between 11.00 AM to 1.00 PM till the filing of the chargesheet by the learned APP and shall co-operate in the investigation. (iii) The applicant shall furnish his working mobile number and address of his ordinary residence to the investigation officer and the court concerned, and shall not change the same till the final disposal of the case. (iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any Police Officer. (v) The applicant shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the investigating officer. (vi) In case of breach of any conditions, the learned trial court is at liberty to cancel the bail after giving opportunity of hearing to both the sides. The application stands disposed of accordingly. (PRAVIN S. PATIL, J.) Gulande