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2026 DAILYLAW 8702 (BOM)

UPESH RANJIT PATIL v. STATE OF MAHARASHTRA

BA/3473/2026 · 2026-09-16

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Judgment text

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16. BA 3473-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3473 OF 2026 Upesh Ranjit Patil .Applicant Vs. The State of Maharashtra .Respondent Mr. Priyal G. Sarda h/f. Mr. Shubham Sudam Sane, Advocates, for the Applicant Ms. Sangita Phad, APP, for the Respondent – State Mr. Pankaj Hole, PSI, Hinjewadi Police Station, Pune present CORAM : MILIND N. JADHAV, J. DATE : 16.09.2026 P. C. 1. Heard Mr. Sarda, learned Counsel for the Applicant and Ms. Phad, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No. 638 of 2025 registered with Hinjewadi Police Station, Pune for offences punishable under Sections 316(2), 316(5), 318(4), 112(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). 3. The Applicant in the present case is the founder of a Company called “Flynaut OPC” and “Flynaut Saas Pvt. Ltd.”. One of these Anand 1 of 6 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.17 12:06:42 +0530 16. BA 3473-2026.doc Companies namely “Flynaut OPC” provided training to candidates who willingly enrolled with the said Company. It was an IT Company, where the Company used to charge a fixed fee to the candidates, train them and as a placement agency would recruit them in it’s own Company called “Flynaut Saas Pvt. Ltd.” depending on their performance. 4. The prosecution case is based on a complaint by an unsuccessful candidate who could not procure placement. He has stated that similarly placed 177 victims have not received placement and therefore, the Applicant who is the founder of “Flynaut OPC” has duped them and is guilty of breach of trust. The record which is unearth and investigation done prima facie show that more than 400 candidates have enrolled themselves on their own volition for training purposes with “Flynaut OPC” and most importantly, after that training was over, they were given placement in the sister Company called “Flynaut Saas Pvt. Ltd.”. At least 200 such eligible candidates were given placement. Insofar as the candidates are concerned, it has come on record that each of the candidates who enrolled for such training were given the assured Rs.15,000/- stipend for the three months training period and they had received the same. Until April, 2025, the Applicant has paid stipend/salary to each and every eligible candidate who has been given placement in “Flynaut Saas Pvt. Ltd.”. The Anand 2 of 6 16. BA 3473-2026.doc grievance of the First Informant and probably many other similarly placed persons would be of they not having rendered themselves eligible for placement with the sister Company of the Applicant, where they have been given the training. The offer letter which has been willingly accepted by the candidates prima facie shows that on completion of internship, it does not confirm continued employment unless the candidates meet all internal performance standards for the purpose of on boarding as a full time employee, a probation period of nine months will have to be undergone. The grievance of the Applicant before me as voiced by Mr. Sarda is that some of the candidates could not be offered placement due to their poor performance and therefore, for this reason, the Applicant cannot be blamed. Be that as it may, this Court is not adjudicating the lis between the parties rather it is considering the Application of the Applicant for grant of bail. The material which is placed on record prima facie persuade me to consider the Application for grant of bail. Needless to state that the complicity of the Applicant in the alleged crime will be proved at trial. The Applicant has made out a case for grant of bail. 5. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- Anand 3 of 6 16. BA 3473-2026.doc (i) Applicant – Upesh Ranjit Patil is directed to be immediately released from prison in connection with CR. No. 638 of 2025; (ii) The Applicant is directed to be released on bail on furnishing P. R. Bond of Rs. 50,000/- (Rs. Fifty Thousand only) with one or two sureties in the like amount; (iii) The Applicant shall report to the Investigating Officer at Hinjewadi Police Station, twice every month, on the first Monday and third Friday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) The Applicant shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. The Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) The Applicant shall not leave the State of Maharashtra Anand 4 of 6 16. BA 3473-2026.doc without the prior permission of the Trial Court and he shall deposit his passport with the Trial Court on his release; (vi) The Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) The Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; (viii) The Applicant shall not enter the jurisdiction of the Hinjewadi Police Station, except for recording his attendance as directed; (ix) Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 6. 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 Anand 5 of 6 16. BA 3473-2026.doc 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. 7. The Bail Application No. 3473 of 2026 is allowed and disposed of in the above terms. (MILIND N. JADHAV, J.) Anand 6 of 6