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2026 DAILYLAW 7527 (BOM)

ANAND VIJAYKUMAR KUKDEJA v. THE STATE OF MAHARASHTRA AND ANOTHER

ABA/942/2026 · 2026-09-09

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 ANTICIPATORY BAIL APPLICATION NO. 942 OF 2026 ANAND VIJAYKUMAR KUKDEJA VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Ms. Ashwini P. Patil h/f Mr. Sudarshan J. Salunke, Advocate for Applicant Mr. N. R. Dayama, APP for the Respondent/State CORAM : R. M. JOSHI, J. DATED : 9th SEPTEMBER, 2026 PER COURT :- 1. Applicant seeks pre-arrest bail in connection with Crime No. 219/2025, registered with Beed City Police Station, District Beed, for the offences punishable under Sections 318(4), 316(2) r/w 3(5) of the Bharatiya Nyaya Sanhita. 2. The First Information Report indicates that the gold pledged with the Bank was verified and it was found that, in respect of the customers mentioned in the First Information Report, the gold pledged by them was spurious. As far as the present applicant is concerned, it is alleged that he had obtained a loan of Rs.8,65,000/-. 3. Learned Advocate for the applicant submits that, at the time of re- verification of the gold, no notice was given to the applicant, nor was the re- 919 ABA 942.2026.odt 1 of 3 verification conducted in his presence. It is her contention that, in any case, since the amount of Rs.8,65,000/- was obtained by way of loan, the applicant has already deposited a sum of Rs.8 lakhs before the Trial Court. To support her submission, she has placed reliance on the copy of the deposit receipt. 4. Learned APP for the State opposed the grant of any protection to the applicant by referring to the allegations against the applicant in the First Information Report. 5. Prima facie, perusal of the First Information Report indicates that no notice was given to the valuers as well as the customers before the verification of the gold. This is a major flaw in the entire exercise conducted by the Bank. In any case, the applicant has voluntarily deposited Rs.8 lakhs against the alleged loan of Rs.8,65,000/-. Hence, his liberty deserves to be protected. Hence, the following order. ORDER (i) Application is allowed. (ii) In the event of arrest of applicant in connection with Crime No. 219/2025, registered with Beed City Police Station, District Beed, for the offences punishable under Sections 318(4), 316(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, he shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount. (iii) He shall not contact the witnesses directly or indirectly. 919 ABA 942.2026.odt 2 of 3 (iv) He shall not interfere with the evidence in any manner whatsoever. (v) He is further directed to cooperate the investigating agency for further investigation. 6. Learned APP for the Respondent/State to communicate this order to the concerned Police Station. ( R. M. JOSHI, J.) ssp 919 ABA 942.2026.odt 3 of 3