1 25.aba.738.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.738 OF 2026 Shyam s/o Jagannath Charode ..vs.. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anil S. Mardikar, Senior Advocate a/b Shri Tejas Deshpande, Advocate for the applicant. Ms S.N. Thakur, APP for the non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 21.08.2026. Heard. 2. Apprehending his arrest in connection with Crime No.434 of 2026 registered with Morshi Police Station, Amravati Rural for the offences punishable under Sections 3(5), 316(2), 318(4), 351(2), 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, the applicant prayed for pre-arrest bail. 3. The FIR came to be lodged by the informant alleging that accused nos. 1 and 2 being relatives of the informant introduced him to accused nos. 3 and 4 and asked him to invest his money with the applicant and accused no. 4, under the false pretext of handsome return on investment. However the informant was duped by Rs.1,50,00,000/- and other victims by total Rs.7.19 crores and hence, the report. 4. Learned Senior Counsel for the applicant submits that accused no.2 is the sister whereas accused no. 1 is the brother in law of the applicant. It is alleged 2026:BHC-NAG:10930 2 25.aba.738.2026 that accused nos. 1 and 2 introduced the informant to other accused persons for the purpose of investment. As per the FIR accused Anil Kataria is running a scheme in which entire amount has been invested. He submits that even the applicant has invested the amount and was duped of Rs.9 lakhs in the said scheme. Further in the FIR there are no allegations against the applicant of either inducing any of the investor to invest the amount or gaining benefit from the said scheme and therefore, he prayed to grant pre-arrest bail. 5. Learned APP vehemently opposed the application by submitting that the applicant and Anil Kataria are running the scheme together. Bank account extract shows that from 2018 some amount has been deposited in the account of the applicant also. The statements of the witnesses disclose that they have also been duped for lakhs of rupees as they invested money in the company ran by the applicant and accused no. 4 and therefore, it cannot be said that there is no material against the applicant. Therefore, the application is prayed to be rejected, since, custodial interrogation would be necessary to conduct the thorough investigation. 6. I have considered the rival submissions and perused the record. From perusal of the FIR prima facie it appears that, accused nos.1 and 2 introduced the informant to accused nos. 3 and 4 under the guise that they are running a company together, which pays handsome returns on investment. Upon perusal of the FIR it appears that the amount which was invested by 3 25.aba.738.2026 victims is approx. Rs.7,19,00,000/-. However. after perusal of the account extract of the applicant, it is revealed that between 2019 to 2022 some amount was transferred in the name of the applicant however, thereafter no amount has been transferred. It is to be noted that the transaction which is shown in the FIR is from December 2023 to August 2024 whereby Rs. 5 lakhs was received by the informant from the accused persons whereas the amount deposited by the accused no.2 i.e. brothe rin law of the applicant in applicant’s account in the year 2019 to 2022 and was a very meagre amount. Considering the nature of allegations, in my opinion the applicant has made out a case to grant anticipatory bail. Hence the following order : (a) The Application is allowed and disposed of. (b) In the event of arrest in Crime No.434 of 2026 registered with Morshi Police Station, Amravati Rural for the offences punishable under Sections 3(5), 316(2), 318(4), 351(2), 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, the applicant Shyam s/o Jagannath Charode be released on bail on executing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount. (c) The applicant shall attend the concerned Police Station twice in a month i.e. 1st and 15th of every month between 11.00 a.m. to 02.00 p.m. or as and when called by the Investigating Officer to facilitate the investigation. 4 25.aba.738.2026 (d) The Applicants/Accused shall co-operate with the Investigating Agency. (e) The Applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (f) The Applicant/accused shall provide his residential address and cell number to the concerned Investigating Officer. 7. Pending application(s), if any, stand disposed of accordingly. 8. The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 21/08/2026 18:09:20