SHIVAM NANDLAL YADAV v. THE STATE OF MAHARASHTRA AND ANR.
ABA/480/2026 · 2026-10-06
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15689 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15689 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
17 - ABA - 480 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 480 OF 2026 Shivam Nandlal Yadav … Applicant Versus. The State of Maharashtra & Anr. … Respondents -------- Mr. Vaibhav Gaikwad with Mr. Samrat hajare for the Applicant. Dr. A. A. Takalkar, APP for the State. A. S. Kanade, Head Constable, Ishwarpur Police Station, is present. -------
CORAM : ASHWIN D. BHOBE, J. DATED : OCTOBER 6, 2026 P.C.:
1. Heard, Mr. Vaibhav Gaikwad, learned Advocate for the Applicant and Dr. A. A. Takalkar, learned APP for the 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 connection with Crime No. 86 of 2026 registered at Islampur Police Station, Sangli, for offences punishable under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Mr. Vaibhav Gaikwad, learned Advocate for the Applicant, states VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.10.07 10:24:17 +0530
17 - ABA - 480 - 2026.doc that there are three (3) accused in Crime No. 86 of 2026. He submits that the Applicant is Accused No. 3. Accused No. 1 (Ashwin Raut) is the owner of Medex Medical System Company. Accused No. 2 (Kundan Harishchandra Singh) is an employee of Accused No. 1 and so is the Applicant. 4. Mr. Vaibhav Gaikwad, learned Advocate for the Applicant, states that the Applicant (Accused No. 3) is an employee of Accused No. 1, working in the firm “Medex Medical System Company” of Accused No.
1. He submits that in the course of his duties and on instructions from Accused No. 1, the Applicant met the Informant (Dr. Sachin Sangrulkar), who was interested in buying machines dealt in and supplied by Accused No. 1. He further submits that upon contacting the Informant, the Applicant informed the Informant about the merchandise supplied and dealt in by Accused No. 1. Upon the Informant's interest in purchasing certain machines from Accused No. 1, the Informant directly dealt with Accused No. 1. To elobarate, Mr. Vaibhav Gaikwad, learned Advocate for the Applicant, states that all the transactions of purchase, sale and the money transactions are and were between Accused No. 1 and the Informant. He submits that the Applicant has neither dealt with any money transaction nor has received any amount from the sale of the machines by Accused No. 1 to the Informant. 5. Dr. A. A. Takalkar, learned APP for the State, submits that the FIR VRJ 2
17 - ABA - 480 - 2026.doc discloses that the Applicant was employed by Accused No. 1.
She further submits that Crime No. 86 of 2026, lodged by the Informant, cleary indicates that the Informant was cheated by Accused No. 1. 6. Perused the records with the assistance of the learned Advocates. 7. The Applicant, being the employee of Accused No. 1, is a fact not contested by Dr. A. A. Takalkar, learned APP for the State. Mr. Vaibhav Gaikwad, learned Advocate for the Applicant, is categorical in his submission that the Applicant has performed his duties for Accused No. 1 in his capacity as an employee of Accused No. 1 and in no other capacity. 8. No material is placed in this Application or pointed out to indicate that the Applicant has been involved in any financial transaction with the Informant. 9. In view of the above, I find prima facie merit in the submissions of Mr. Vaibhav Gaikwad, learned Advocate for the Applicant, that the Applicant acted as an employee of Accused No. 1 while dealing with the Informant. 10. In the above circumstances, custodial interrogation of the Applicant is not necessary in Crime No. 86 of 2026. 11. This Application is, therefore, allowed on the following terms: VRJ 3
17 - ABA - 480 - 2026.doc a) In the event of arrest of the Applicant in Crime No. 86 of 2026 registered with Islampur Police Station, Sangli, the Applicant shall be released on bail upon furnishing a PR bond in the sum of Rs. 50,000/-, with two sureties in the like amount to the satisfaction of the Investigating Officer, Islampur Police Station. b) The 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. c) Applicant shall not tamper with evidence in any manner. d) The Applicant shall appear and report to the Investigating Officer, Islampur Police Station, on 12th , 13th , 14th and 15th October 2026 from 10:00 a.m. to 1:00 p.m. and as and when required by the Investigating Officer. The Applicant shall cooperate with the Investigating Officer in the process of investigation of Crime No. 86 of 2026.
12. Criminal Anticipatory Bail Application No. 480 of 2026 is
disposed.
(ASHWIN D. BHOBE, J.) VRJ 4