ANAND NANASAHEB NIMBALKAR v. THE STATE OF MAHARASHTRA AND ANR.
ABA/482/2026 · 2026-10-12
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18118 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18118 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
43-ABA-482-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 482 OF 2026 Anand Nanasaheb Nimbalkar …...Applicant Versus The State Of Maharashtra & Anr. …...Respondents ---- Mr. Aniket Patil (Through V.C.) a/w. Ms. Surekha Kamble for Applicant. Dr. Ashvini A. Takalkar, A.P.P. for the Respondents-State. Officer : PC/1839 Mr. Balaji Jadhav, EOW, Solapur City, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 12th October 2026. PER COURT :
1. Heard, Mr. Aniket Patil, learned Advocate for the Applicant and Dr. Ashvini Takalkar, learned A.P.P. for the Respondents-State. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Applicant seeks pre-arrest bail in connection with Crime No. 020 of 2026, dated 10th January 2026, registered at Foujdar Chawdi Police Station, District Kolhapur, for offences punishable under Sections 318(4), 316(2), 179 and 3(5) of the Bharatiya Nyaya Sanhita, osk 1 of
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43-ABA-482-2026 (CR).docx 2023 (BNS). 3. Mr. Aniket Patil, learned Advocate for the Applicant, states that there are three accused in Crime No. 020 of 2026 and that the Applicant is Accused No. 3. 4. Mr. Aniket Patil, learned Advocate for the Applicant, submits that the Informant entered into a transaction with accused Nos. 1 & 2 for the purchase of gold. Accused Nos. 1 & 2 had promised and assured the Informant that they would sell the gold at a lower price. He submits that, as accused Nos. 1 & 2 neither returned the amount nor delivered the gold, the Informant approached the Applicant. The Applicant assured the Informant that he would recover the amount paid by the Informant to accused Nos. 1 & 2 and would charge fees for the same. He submits that the Informant alleges he paid certain amounts to the Applicant to recover the amount from accused Nos. 1 & 2. 5. Mr. Aniket Patil, learned Advocate for the Applicant, states that the Applicant received from the Informant 5,08,000 through bank transfers for ₹ the recovery of the amount paid to accused Nos. 1 & 2. Out of the said amount, the Applicant has already repaid 1,63,000 to the Informant. He ₹ further submits that the Applicant has deposited 3,45,000 before the ₹ Judicial Magistrate First Class at Solapur. osk 2 of
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43-ABA-482-2026 (CR).docx
6. Dr.
Ashvini Takalkar, learned A.P.P. for the Respondents-State, submits that the Applicant acted as an intermediary between the Informant and accused Nos. 1 & 2 to recover the amount paid by the Informant for the purchase of gold. She further submits that the Applicant received 5,08,000 ₹ from the Informant as recovery fees. She submits that the Informant has stated that certain additional amounts were paid in cash. However, the online payments made to the Applicant total 5,08,000, of which the Applicant has ₹ repaid 1,63,000 and deposited the remaining 3,45,000 before the Judicial ₹ ₹ Magistrate First Class at Solapur.She submits that the Applicant be directed to appear before the Investigating Officer. 7. Perused the records. 8. As submitted by Mr. Aniket Patil, learned Advocate for the Applicant, the Applicant appears to have acted as a recovery agent, to recover the amounts paid by the Informant to the Accused Nos. 1 and 2.. The amount of 5,08,000, received by the Applicant through banking channels, for ₹ rendering the said service is secured. 9. In view of the above, custodial interrogation of the Applicant in connection with Crime No. 020 of 2026 is not required. This Application is, therefore, allowed on the following conditions: osk 3 of
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43-ABA-482-2026 (CR).docx (a) In the event of the arrest of the Applicant in Crime No. 020 of 2026, dated 10th January 2026, registered with Foujdar Chawdi Police Station, District Kolhapur, the Applicant shall be released on bail upon furnishing a P.R. bond of 1,00,000/- (Rupees One ₹ Lakh only), with one or two sureties in the like amount to the satisfaction of the Investigation Officer, Foujdar Chawdi Police Station, District Kolhapur. (b) The Applicant shall appear and report to the Investigation Officer, Foujdar Chawdi Police Station, District Kolhapur, on 16/10/2026, 19/10/2026, 21/10/2026 and 22/10/2026, from 10:00 a.m. to 1:00 p.m., and thereafter as and when required by the Investigating Officer.
Applicant shall cooperate in the investigation of Crime No. 020 of 2026. (c) 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. (d) The Applicant shall not tamper with evidence in any manner. (e) The Applicant shall provide the Investigating Officer with his residential address along with proof, his contact numbers, email and must inform the Investigating Officer of any changes to this information from time to time. 10. The Anticipatory Bail Application No. 482 of 2026 is disposed of. [ ASHWIN D. BHOBE, J. ] osk 4 of
4 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.10.13 10:35:36 +0530