901-ABA-1629-26.doc Rushi Modhe IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1629 OF 2026 Mr. Suresh Dalaram Sen ...Applicant V/s. State Of Maharashtra & Anr. ...Respondents Mr. Pratik Kalantri i/b Mr. Mahesh Pawar a/w Ms. Renuka Shukla, for the Applicant. Mr. Tavqeer Siddiqee a/w Mr. Pravin Pandey for the Respondent No. 2. Ms. Poonam Bhosale, APP, for the Respondent- State. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 22 th July, 2026. P.C. :- 1. Heard learned counsel for the applicant, learned counsel for respondent no. 2, as well as learned APP for the respondent. 2. The applicant has filed the instant application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail in offence bearing Crime No. 315 of 2026 registered with Charkop Police Station, Kandivali (W), Mumbai, 1/8 901-ABA-1629-26.doc for offence under Sections 316(2), 318(4), 351(2), 351(3) & 352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, (for shot ‘BNS’). 3. The FIR is registered at the instance of the complainant who has alleged that since 18 years he is in business of making idols of deities out of silver sheets and since last several years his friend Mukesh Rawal is helping him in this business. He alleged that in the year 2019 Mukesh Rawal introduced him with Suresh Sen, the applicant herein. He informed that this applicant wanted to make substantial investment in silver business. In this background on 1st July 2019 the applicant introduced his son-in-law Darshan with the informant and at that time the accused / applicant had assured the informant that after 6 months of his investment he will get double profits. It is alleged that on the basis of this assurance, the complainant gave 103.198 kg silver and his friend gave 62.152 kg silver, total 165.350 kg silver to the accused. The total value of this silver was Rs. 82, 36, 500/-. It is alleged that after this investment when no returns were received by the 2/8 901-ABA-1629-26.doc complainant, he questioned the accused and at that time the accused gave threats of killing the complainant. It is also alleged by the complainant that by abusing the complainant the accused has threatened the complainant by pointing pistol on him. In view of these allegations, the FIR has been lodged against this applicant along with two others including his son-in-law Mr. Darshan. 4. Apprehending arrest in this crime, the applicant had filed ABA No. 804 of 2026 before the learned Sessions Court, Mumbai, which came to be rejected by order dated 15th June 2026. Thereafter, the applicant has filed the instant application. 5. Learned counsel for the applicant submitted that the applicant is falsely implicated in the instant crime which is registered after substantial delay. He submitted that the offence is registered because of rivalry of this applicant with the friend of the complainant Mr. Mukesh Rawal with whom separate disputes are already pending. He submitted that this applicant has already filed a compliant against Mukesh Rawal. He 3/8 901-ABA-1629-26.doc submitted that the allegations about handing over of 165 kg of silver or use of pistol for threatening the complainant are without any basis. He also submitted that the applicant is ready to abide by any conditions on his release on bail. 6. In support of his submissions, learned counsel for applicant placed reliance on a judgment of coordinate bench of this Court in Tayyab Hider Siddique Vs. State of Maharashtra, reported at 2025 (4) Mhl.j (Cri) 603 and submitted that in view of the instant FIR which is registered after substantial delay with respect to civil transactions, the applicant is entitled for grant of pre-arrest bail. He also relied on judgment of Hon’ble Supreme Court in Delhi Race Club Vs. State of U.P. reported at 2024 (8) SCR 670 and submitted that the offence of cheating and criminal breach of trust registered simultaneously demonstrates false implications of the applicant. 7. Per contra, learned APP for the respondent opposed the application and submitted that the crime is very serious in nature and investigation has revealed that the complainant has 4/8 901-ABA-1629-26.doc given to the accused huge quantity of silver, to the extent of 165 kg and the transactions are very well known to the complainant and accused. She submitted that the allegations in FIR show that the accused has induced the complainant to invest huge amount in silver and has assured double returns. Further, there are allegations about threats on the point of pistol, given by the accused to kill the complainant. 8. Learned counsel for complainant / respondent no. 2 also opposed the bail application and pointed out that there are specific allegations in the FIR and the investigation is going on. He submitted that the complainant stands cheated for Rs. 82,36,500/- and the present market value of 165 kg silver is approximately Rs. 4 crores. He also submits that the accused has repeatedly threatened the complainant by putting revolver on him. 9. Perused the FIR and the documents placed on record by the applicant as well as the complainant. It has to be noted that the investigation has revealed that there was inducement by 5/8 901-ABA-1629-26.doc the accused and on the basis of assurance to give double returns, the complainant and his friend has handed over about 165 kg of silver to the applicant / accused. Pertinent to note there are specific allegations about handing over of 165.350 kg of silver to the accused and use of pistol by the accused for threatening the complainant. The assurance by the accused about giving double returns and inducement are under investigation. Learned APP has submitted that the investigation is going on and even the pistol is not recovered. Thus, it appears that there are serious allegations about cheating against the applicant and the FIR prima-facie indicate role of the accused persons. 10. The seriousness of offence is clear in view of the allegations in the FIR. Apart from this it has to be noted that on the basis of record the learned Sessions Court has observed that the receipts dated 6th July 2019 and 31st July 2019 makes reference to ‘Sagar silver’, ‘Mukesh Bhai’, and ‘Sarafi Madan Bhai’ which are said to be related to the applicant, as submitted by the counsel for complainant. In this regard complainant has also tried to invite attention to several whatsapp communications 6/8 901-ABA-1629-26.doc showing transactions in between complainant and the accused. As such, at this stage there appears prima-facie material to show that on the inducement of the accused, the silver was entrusted to him. Considering the nature of seriousness of the offence, at this stage the contentions about delay cannot outweigh the gravity of the offence. It is pertinent to note that the Investigating Officer has sought for custody of the applicant to investigate the aspect as to where from the applicant has obtained the pistol and the pistol is not yet recovered. 11. The position of law as laid down in the judgments relied upon by the applicant is not disputed. However, as regards the contentions about registration of offence of cheating and criminal breach of trust at the same time and its consequent effect, would be subject matter of investigation and trial. At this stage, no inference of falsity or sustainability of these allegations can be drawn. 12. Considering the nature of offence and the fact that there are specific allegations in the FIR with respect to the 7/8 901-ABA-1629-26.doc offence of cheating and giving threats by pointing pistol to the complainant and by further considering the fact that the investigation is on going, at this stage I am not inclined to grant anticipatory bail to the applicant. Hence, for the above reasons the instant application for anticipatory bail is rejected. (PRAFULLA S. KHUBALKAR, J.) 8/8