23.BA.1832.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1832 OF 2026 Dnyaneshwar Trimbak Yadav .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Bhushan Raut, Advocate for Applicant.  Mr. Sukanta A. Karmakar, APP for Respondent.  PSI – Ganesh Sitaram Musle, Dighi Police Station.  Dnyaneshwari Dnyaneshwar Yadav, wife of Applicant. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 24, 2026 P.C. : 1. Heard Mr. Raut, learned Advocate for Applicant and Mr. Mr. Karmakar, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.490 of 2025 registered with Dighi Police Station for offences punishable under Sections 406, 420 and 34 of the Indian Penal Code, 1860. Applicant is arraigned as Accused No.2. 3. At the outset, Mr. Raut would seek to amend the name recorded in the cause title of the Applicant - ‘Dnyaneshwar Trinbak Yadav’ as ‘Dnyaneshwar Trimbak Yadav’. Necessary amendment is permitted to be carried out within a period of one week from today. Reverification stands dispensed with. 1 of 5 23.BA.1832.2026.doc 4. The principal protagonist in the present case is Accused No.1 who is the younger brother of the Applicant. Accused No.3 has already been enlarged on anticipatory bail by this Court. Charge against the Accused persons is for amassing rather seeking investment of total amount of Rs.52 Lakhs from 7 Depositors. Charge-sheet is filed and in so far as role attributed to the present Applicant who is Accused No.2 is concerned, Mr. Raut persuades me to consider that in the entire charge-sheet all allegations with regard to receipt of monies are attributed to his younger brother who is arraigned as Accused No.1. 5. He would submit that Accused No.2 was running a kirana shop and was made Director of the Company by his younger brother. He would submit that the wife of the present Applicant has filed an Affidavit dated 12.08.2026 which is placed on record wherein she has submitted that without prejudice to the rights and contentions, she is ready and willing to deposit Rs.10,00,000/- with the Registrar General of this Court to show bonafides of Accused No.2 – her husband. The said Demand Draft is brought in the Court by Mr. Raut. She has further submitted that she may be put to terms and on taking instructions Mr. Raut would submit that she has also stated in the Affidavit that further sum of Rs.15,00,000/- would be deposited by her and Accused No.2 after his release within a period of one year from today. 2 of 5 23.BA.1832.2026.doc 6. Though this Court is completely conscious of the fact that bail should not be granted on the basis of promise to make deposit, the facts in the present case prima facie persuade me to consider the case of Applicant. In the entire charge-sheet, Accused No.2 namely Applicant’s role is not highlighted. The only nexus of Accused No.2 who is principal Accused No.1 is that he had received some funds from his younger brother and he was shown Director of the Company which was run by Accused No.1. Accused No.3 was infact instrumental in seeking the deposits and is already enlarged on bail. The undertaking given by wife of Applicant is therefore is considered as an undertaking given by Applicant also. In that view of the matter, considering the aforesaid submissions made by Mr. Raut and the bonafides to make payment of Rs.10,00,000/- by Applicant upfront and his wife, I am inclined to allow the Application. 7. Considering the aforesaid, Applicant has made out case for grant of bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 409 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one surety of the like amount; 3 of 5 23.BA.1832.2026.doc (iii) Payment of Rs.10,00,000/- by way of Demand Draft is directed to be accepted by the Registrar, Appellate Side and directed to be sent to the Trial Court after the same is encashed in the present case; (iv) Applicant is directed to pay Rs.15,00,000/- in four equated installments every quarter (3 months) before the Trial Court; (v) After release of Applicant from jail, within a period of two weeks Applicant is directed to file undertaking for ensuring that the balance Rs.15,00,000/- will be paid by him as directed in this order before the concerned Trial Court; (vi) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (vii) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (viii)Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; 4 of 5 23.BA.1832.2026.doc (ix) Applicant shall not influence with any of the witnesses or tamper with the evidence in any manner; (x) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (xi) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 8. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 9. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 5 of 5 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.08.24 20:37:54 +0530