1 21.aba.666.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.666 OF 2026 Nilesh Mahadev Gawande ..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 Shantanu Kashid, Advocate h/f Shri O.Y. Kashid, Advocate for the applicant. Shri N.B. Jawade, APP for the non-applicant /State. CORAM: M.M. NERLIKAR, J. DATE : 17.08.2026. Heard. 2. Apprehending his arrest in connection with Crime No.408 of 2026 registered with Old City Police Station, District Akola for the offences punishable under Sections 314, 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, the applicant prayed for pre-arrest protection. 3. The FIR came to be lodged alleging that the applicant and other accused persons allegedly induced villagers for investing their money in various schemes by assuring them good returns on the investment, however the same was not done and thereby defrauding the victims for Rs.1,96,23,075/- 4. Learned Counsel for the applicant submits that the applicant was shown to be a Vice President/Director of the Tukzure Urban Nidhi Ltd. Bank in which it is alleged that the depositors have invested the amount on the pretext of handsome return, however they have not 2 21.aba.666.2026 received any return. Learned Counsel for the applicant submits that the applicant himself has deposited Rs.5 lakhs in the said bank and the said bank has time to time gave him interest on the deposit. Though the applicant is a Vice President of the said bank, neither he has induced any person for investment nor misappropriated the amount of the bank. Whatever returns he received from the bank is the investment made by the applicant himself. Under such circumstances, considering the role of the applicant, he prayed to be protected by granting pre-arrest protection. 5. On the other hand, learned APP vehemently opposed the application on the ground that the applicant and other accused persons who are the Directors and Chairman of the said bank, have misappropriated more than Rs.2 crores. He further submitted that the applicant has actively participated in the meeting of the bank and under such circumstances, it cannot be said that the applicant is not responsible for the affairs of the bank and hence, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. It appears from the record that the charge-sheet came to be filed against co-accused Tushar Takzure. The applicant is the Vice President of the said Bank to whom Rs.9,81,700/- has been transferred by the Bank. It is submitted by the learned Counsel for the applicant that as the applicant has invested amount of Rs.5 lakhs on different occasions, he has received return on his deposit. He has neither misappropriated the amount nor got extra amount from the bank. I have 3 21.aba.666.2026 perused the bank statement as well as the statements recorded by the Investigating Officer, from which prima facie it appears that the applicant has credited the amount on different occasions in the bank, the applicant has neither induced the investors to invest the amount nor his name was taken by any of the victim or depositors. Under such circumstances, I am of the considered opinion that the liberty of the applicant can be protected by granting anticipatory bail to the applicant. Hence the following order : (a) The Application is allowed and disposed of. (b) In the event of arrest in Crime No.408 of 2026 registered with Old City Police Station, District Akola for the offences punishable under Sections 314, 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, the applicant Nilesh Mahadev Gawande 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 on every Sunday between 11.00 a.m. to 02.00 p.m. or as and when called by the Investigating Officer to facilitate the investigation. The applicant shall also attend the office of the Economic Offences Wing, Akola twice in a month or as and when called by the Investigating Officer. (d) The Applicant/Accused shall co-operate with the Investigating Agency. 4 21.aba.666.2026 (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: 17/08/2026 18:35:09