1 15 ABA 752.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 752/2026 ( Vivek Chandrashekhar Wasule 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. S. Mandpe, Advocate h/fMr. Y. B. Mandpe, Advocate for applicant. Ms. S. Shote, APP for non-applicant /State. CORAM: M. M. NERLIKAR, J . DATED : 09/09/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No. 513/2026 registered with Police Station Yashodara Nagar, Nagpur City for the offences punishable under Sections 316(2) and 318(4). 3. The brief facts of the prosecution case are that the first information report (“FIR”) came to be lodged by the informant stating that the informant is indulged in the business of sale of electronic appliances. During the course of business he got acquainted with the applicant and has established cordial relations. Thereafter the applicant on the pretext of starting a business/trade of electronic 2 15 ABA 752.26 appliance including mobile, fridge, AC, Washing Machine etc. has dishonestly and falsely induced the informant to procure credit cards from various banks. Thereafter, the informant procured six credit cards from various banks. On the pretext of making payment to various traders, the applicant carried out several transactions amounting to Rs.13,32,609/- by using the said cards and the OTPs were received on the mobile phone of the informant. Initially, the informant believed that the applicant was purchasing various material for the purpose of alleged business. However, after some days the informant started receiving phone calls, messages and notices from the various banks demanding repayment of the amount spent via credit cards. The informant thereafter confronted the applicant regarding the said transactions, however, the applicant turned off his mobile phone and severed all contact with the informant. Consequently, the informant realized that, the applicant had duped the informant by misusing the aforesaid credit cards. Based on this information, FIR was registered. 4. The learned counsel for the applicant submits that pursuant to the order dated 21/08/2026, whereby interim 3 15 ABA 752.26 protection was granted to the applicant on certain terms and conditions, the applicant has attended the concerned Police Station and has cooperated with the investigation. The learned counsel further submits that he has already handed over his mobile phone to the investigating agency. and SIM card was also handed over to the police separately, therefore, she submits that considering the allegations, the interim protection granted by this Court ought to be confirmed. 5. On the other hand, the learned APP vehemently opposes the application and submits that the applicant has not cooperated during the investigation. On the contrary, the applicant has adopted deceptive tactic with the investigating agency by submitting a formatted mobile without SIM card. Thereafter, the applicant has handed over the SIM card, separately. She submits that the allegations contained in the FIR prima-facie demonstrate that under the garb of partnership, the applicant has misused and has utilized the credit cards of the informant and duped the informant of approximately Rs.13,32,609/- Under such circumstances, she submits that there are serious allegations against the applicant. 4 15 ABA 752.26 6. I have considered the rival submissions. After perusal of the FIR, it appears that informant and applicant are partners and working in the trade of electronic appliances. It is alleged in the FIR that the applicant has induced the informant to become a partner for starting electronic appliances business and accordingly, the applicant has advised him to fetch credit cards from different banks. Therefore, the informant has obtained credit cards from various banks including Kotak Mahindra Bank, IDFC First Bank etc. The applicant has used the aforesaid cards for purchasing the electronic appliances and payment was made to the dealers from those credit cards to the tune of Rs.13,32,609/-. Subsequently, it was found that the applicant has duped the informant to the tune of Rs.13,32,609/-. It appears that the amount used from the credit card were not deposited by the applicant, whereas considering the nature of allegations, I am of the considered opinion that the custodial interrogation would not be necessary in the given set of facts and circumstances. It is further to be noted that the applicant has been protected by this Court by order dated 21/08/2026. Therefore, considering the entire case, I am 5 15 ABA 752.26 of the considered opinion that the aforesaid order needs to be confirmed on the same terms and conditions, hence the following order:- ORDER (I) Application is allowed and disposed of. (II) The order dated 21/08/2026 is hereby confirmed on the same terms and conditions as incorporated in the said order. 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.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 09/09/2026 18:04:43