17-aba1767-26.doc vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1767 OF 2026 Alpesh Sureshchandra Kothari ...Applicant V/s. State of Maharashtra & Anr. ...Respondents Mr.Surendra R. Yadav for the Applicant. Ms.Geeta P. Mulekar, APP for the Respondent – State. Mr.S.S. Chikhalikar, API, Samta Nagar Police Station is present in Court. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 31ST AUGUST, 2026. P.C. :- 1. Heard learned counsel for applicant as well as learned APP for respondent. Respondent no.2 / complaint is present in person. 2. The applicant has filed the instant application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking pre-arrest bail in C.R. No.574 of 2026 registered with Samta Nagar Police Station for the offence punishable under Section 406 of Indian Penal Code,1860 (IPC). 3. The FIR is registered on the basis of the report lodged by 1/4 VASANT ANANDRAO IDHOL Digitally signed by VASANT ANANDRAO IDHOL Date: 2026.08.31 19:26:04 +0530 17-aba1767-26.doc the complainant alleging that on 1st May, 2022, the complainant has pledged certain gold of 23 carat with the accused, for securing loan of Rs.9,00,000/-. She has alleged that she has taken the loan of Rs.9,00,000/- from the accused against the gold at the time when her husband was ill. She has alleged that thereafter when she gone to accused no.1 for getting the gold released, the accused told her that the gold was already sold by him. On the basis of these allegations, FIR came to be registered against this applicant. 4. Learned counsel for applicant submits that the allegations about pledging of gold are without any basis. He submits that the applicant is a jeweller, who has purchased the gold from the complainant against total amount of Rs.9,00,000/-. He submits that after purchasing the gold, the applicant utilized it by selling the same and there is no question of any criminal breach of trust, as alleged. He also submitted that the applicant has attended the police station at about 12 times and considering the co-operation of the applicant, the interim protection granted on 08.07.2026 be confirmed. 5. The application is opposed by the learned APP and it is stated that the complainant has alleged in the complaint that the gold was pledged by the complainant. She submits that the investigation as regards the allegations has to be conducted thoroughly, since it has to 2/4 17-aba1767-26.doc be investigated as to whether the applicant has maintained any record about sell of the said golden articles. 6. Perused the FIR and documents placed on record. It has to be noted that the alleged offence has occurred on 5th May, 2022 and the report is lodged on 29th May, 2026, i.e. after a period of about 4 years. There is nothing on record to show any transaction of any pledge. Considering the nature of allegations, it has to be noted that there is nothing to show at this stage that the gold was pledged by the complainant with the applicant. The contentions of the applicant that he has attended the Police Station at about 12 times is also not disputed by the Investigating Officer. As such at this stage, the presence of the applicant can be secured by directing him to attend the Police Station and extend co-operation to the Investigating Agency. The applicant is also directed to extend co-operation by giving his handwriting and signatures, for examination. 7. Further, it is also pointed out that there are no criminal antecedents against this applicant. Pertinently, in view of the interim protection granted by this Court by an order dated 8th July, 2026, the applicant has attended the Police Station and the applicant is again ready to extend co-operation to the investigating agency. 8. Considering all these aspects, the personal liberty of this 3/4 17-aba1767-26.doc applicant needs to be protected subject to certain conditions. Hence I pass the following order :- O R D E R : a). The anticipatory bail application is allowed. b). In the event of arrest of the applicant in Crime No.574 of 2026 registered with Samta Nagar Police Station for the offence punishable under Sections 406 of IPC, he be released on bail on furnishing P. R. Bond of Rs.25,000/- with one solvent surety in the like amount. c). The applicant is directed to give his sample handwriting and signatures to the Investigating Agency whenever called upon. d). The applicant is directed to attend the Police Station as and when called upon by the Investigating Officer and extend co-operation during the trial. e). The Applicant shall not influence the complainant or any of the prosecution witnesses in any manner. 9. Accordingly, the application is allowed and disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) 4/4