H.C.SHIV 901.BA2109.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2109 OF 2026 Nitin Ramesh Kotkar …. Applicant V/s. The State of Maharashtra & Anr. …Respondents Mr. Murtaza Najmi with Shambhu Jha, Farida Najmi, Nancy Kanungo, Afsar Ansari, Suraj Pandey for the Applicant. Mr. V. A. Kulkarni APP for Respondent No.1 – State. Mr. B. B. Dubey for Respondent No.2. Mr. John Pillai, PSI, Vile Parle police station present. CORAM: SHYAM C. CHANDAK, J. DATED : 6th AUGUST, 2026 P.C. :- 1. Present Application seeks release of the Applicant on bail in connection with C.R. No.719 of 2024, registered with Vile Parle police station, Mumbai for offence punishable under Sections 406, 420, 465, 468, 471, 474 and 34 of the Indian Penal Code, 1860 (for short “I.P.C.”) on the report filed by Rakesh Gupta. 2. Heard learned Counsel for the parties. Perused the record. 3. The prosecution case is that the Applicant/A1 along with A2, A3 and A4, in furtherance of their common intention, falsely stated to the informant that they were well acquainted with higher Officers of S.R.A. and promised the informant that they would get him 4 Galas at Katyani Hights, Andheri East at a Flat, in Jogeshwari Matha Co-operative Housing Society, Bandekarwadi on cheaper rates. To impress upon the informant that the said promise is genuine, the accused made a false bio-metric registration of the informant purported to be done by the Officers HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.08.10 18:17:07 +0300 H.C.SHIV 901.BA2109.26.DOC of the S.R.A. and also shown him a fabricated and false document of informant’s membership in Katyani Heights. Thereby, the Applicant and his co-accused induced the informant to pay them total amount of Rs.1,80,00,000/-. However, the accused persons never gave the Gallas and the flat as promised nor returned the money. Thus, they cheated the informant and misappropriated his money. Therefore, the aforesaid crime came to be registered and the Applicant was arrested. On completion of the investigation, police submitted the charge-sheet. The trial Court and Sessions Court declined to release the Applicant on bail. Therefore, he has approached this Court. 4. Mr.Najmi, learned Counsel for the Applicant submitted that the FIR mentions that out of the disputed amount, Rs.9,00,000/- were paid by cheque and rest of the amount of Rs.1,70,00,000/- was paid in cash. However, this assertion is false because there is no evidence as to how and when the Informant had arranged the cash amount to pay the accused. He further submitted that accused Nitesh Ghosalkar has been granted ad-interim bail by this Court and he has deposited Rs.10,00,000/- in the trial Court. The Applicant has paid Rs.5,00,000/- by the demand draft to the informant-Respondent No.2. Mr.Najmi, tendered an undertaking given by wife of the Applicant Ms.Priya Nitin Kotkar that, additionally, the Applicant will pay Rs.10,00,000/- in three installments within six weeks, i.e., Rs.2,50,000/- within a period of two weeks, Rs.2,50,000/- within a period of next two weeks and Rs.5,00,000/- within a period of next further two weeks, from the date of release of the Applicant from the jail. The said undertaking affirmed by the wife of the Applicant is taken on record and marked “X”. As submitted by Mr. Najmai, payment of the said amount will be without prejudice to the rights, contentions and H.C.SHIV 901.BA2109.26.DOC defence to be raised by the parties in the trial Court and the proceedings that may arise out of the said crime 5. Mr. Dubey, the learned Counsel for the informant, on instruction, state said proposal is acceptable to the informant and he did not object the bail. The Applicant has one criminal antecedents of the year 1995, but therein, he has been discharged as stated by Mr.Najmi. 6. In the backdrop and considering the investigation is over, there is no hurdle to release the Applicant on bail. Hence, Order :- (i) The Applicant – Nitin Ramesh Kotkar be released on bail in aforesaid FIR bearing C.R. No.719 of 2024 registered with Vile Parle police station, Mumbai, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) As voluntarily undertaken by the Applicant through his wife, the Applicant shall pay Rs.10,00,000/- to Respondent No.2 within six weeks from the date of his release from jail. The entire payment of Rs.15,00,000/- by the Applicant as above, is without prejudice to the rights, contentions and defence to be raised by the parties in the trial Court and the proceedings arising out of the said crime. (ii) The Applicant shall mark his attendance at Vile Parle police station, Mumbai on 1st day of each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. H.C.SHIV 901.BA2109.26.DOC (iii) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vi) The Applicant shall not indulge in identical activities for which he has been arraigned in this case. (vii) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination to the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the Applicant and the trial Court shall not be influenced by any of the observations made hereinabove. 7. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)