Bombay High Court
GAJANAN PRABHAKARRAO UDAWANTversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The Court held that, in the absence of any adverse material and applying the principle of parity, anticipatory bail must be granted to the applicant.
Summary
The applicant, Gajanan Prabhakarrao Udawant, filed an anticipatory bail application in connection with FIR No. 0451/2026 alleging misappropriation of funds of a cooperative society, invoking IPC sections 406, 409, 420, 120‑B, 34 and Maharashtra Protection of Interest of Depositors Act sections 3 and 4. He argued that similarly placed accused – other branch managers of the society – had been granted pre‑arrest bail and therefore sought parity. The State opposed the grant of bail but could not refute the existence of such prior bail orders. The Court observed that there was no evidence of non‑cooperation or abuse of liberty by the applicant and, applying the principle of parity, confirmed the interim bail order dated 5 August 2025. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the applicant on the basis of parity with similarly placed accused.
- Whether there are any material grounds such as lack of cooperation or abuse of liberty to deny bail.
Legislation cited
- Indian Penal Code, 1860 — s. 120-B, 34, 406, 409, 420
- Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — s. 3, 4
Subjects
- anticipatory bail
- parity
- misappropriation
- cooperative society
- IPC
- Maharashtra Depositors Act
Judgment
994-ABA-1327-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
994 ANTICIPATORY BAIL APPLICATION NO. 1327 OF 2025
Gajanan Prabhakarrao Udawant
VERSUS
The State Of Maharashtra And Another
…..
Mr. Patil Dhananjay Shrikant, Advocate for Applicant.
Mr. N. R. Dayama, APP for Respondent – State.
…..
CORAM : R.M. JOSHI, J
DATE : SEPTEMBER 9, 2026
P. C. :
1. The applicant seeks pre-arrest bail in connection with Crime No. 0451
of 2026 registered with Gangakhed Police Station, for the offence
punishable under Sections 406, 409, 420, 120-B read with 34 of the Indian
Penal Code and under Sections 3 and 4 of the Maharashtra Protection of
Interest of Depositors (in Financial Establishments) Act, 1999.
2. The First Information Report alleges misappropriation of the funds of
Rajasthan Multi State Cooperative Society, Parali, Vaijnath, District Beed.
The allegation is against the office bearers so also the employees including
the manager of the society.
3. Learned counsel for the applicant submits that similarly placed
accused liberty has been protected by this Court by allowing their pre-arrest
bail application. He therefore seeks similar order on parity.
4. Learned APP opposes grant of any protection to the applicant.
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994-ABA-1327-2025.odt
However, he is unable to dispute the fact that similarly placed accused’s
liberty has been protected by this Court.
5. In view of the fact that similarly placed accused i.e., the other branch
managers of the society, are granted pre-arrest bail, and considering the
nature of the allegations against the present applicant, this Court find no
justification not to apply parity. The liberty of the applicant was protected by
order dated 5 August 2025.
6. There is nothing on record to indicate that the applicant has not
cooperated in the investigation. There is no abuse of the liberty granted by
this Court on the part of the applicant. This Court therefore finds no reason
not to confirm the bail. The application stands allowed in terms of interim
relief. Hence, the following order:
ORDER
(i) The application is allowed by confirming interim order dated 5
August 2025.
(R. M. JOSHI, J.)
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