Bombay High Court
AMIT HANUMANT JADHAVversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- PRAFULLA S KHUBALKAR
Holding
Anticipatory bail is granted to the applicants subject to a personal bond, surety and specific conditions restricting use of the disputed technology.
Summary
The High Court considered anticipatory bail applications filed by Amit Hanumant Jadhav and Vyanktesh Jeevan Chandekar, who were accused in FIR No. 118 of 2025 for alleged diversion of proprietary "TWAT Catalyst Technology" of Priyaanjas OPC Pvt. Ltd. The offences alleged were under Sections 3(5) and 316(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 43(b), 43(j), 66 and 72 of the Information Technology Act, 2000. The applicants contended they were merely employees, denied any misuse, and submitted an affidavit undertaking not to use the technology. The Court found no necessity for custodial interrogation, noted a prior protective order for a co‑accused, and accepted the undertaking. Consequently, the Court granted anticipatory bail subject to a personal bond, surety, and strict conditions prohibiting any use or commercialization of the disputed technology and requiring cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the accused under the BNS and IT Act offences.
- Whether the affidavit‑undertaking not to use the proprietary technology suffices to justify bail without custody.
- Whether conditions imposed under bail are appropriate for offences involving alleged intellectual property theft.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(4), 3(5)
- Information Technology Act, 2000 — s. 43(b), 43(j), 66, 72
Subjects
- anticipatory bail
- intellectual property
- technology theft
- Bharatiya Nyaya Sanhita
- Information Technology Act
- corporate espionage
- bail conditions
Judgment
902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1350 OF 2025
Mr. Amit Hanumant Jadhav …Applicant
Versus
The State of Maharashtra And Anr. …Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 1354 OF 2025
Mr. Vyanktesh Jeevan Chandekar …Applicant
Versus
The State of Maharashtra And Anr. …Respondents
Adv. Adv Sushrita A Daga a/w Adv. Mahesh Bharat Desai
for the Applicants.
Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State.
Adv. Abhijeet Desai a/w Adv. Karan Gajra a/w Adv Sanchita
Sontakke, for the Respondent No.2.
WPSI Renuka Pardeshi, Kandivali Police Station, Mumbai,
is present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 6TH AUGUST 2026
P.C:-
1. Heard learned counsel for applicants, learned APP for
respondent – State and learned counsel for respondent no.2.
2. The applicants are apprehending arrest in Crime No. 118 of
2025, dated 14.02.2025, registered with Kandivali (West) Police
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Station, Brihanmumbai, for the offence punishable under Sections
3(5) and 316(4) of The Bharatiya Nyaya Sanhita, 2023, (for short,
“BNS”) and Sections 43(b), 43(j), 66 and 72 of the Information
Technology Act, 2000 (for short, “IT Act”).
3. The FIR is registered on the basis of a report lodged by the
complainant who claims to be a Director of the company by name
PRIYAANJAS OPC Pvt. Ltd. which is involved in the business of
water treatment recycle and reuse projects. It is alleged that the
accused persons were working in the company as employees of
the company particularly, that the accused no.1, Dr. Jayant
Chandorkar was the Vice President whereas accused no.2, Mr.
Vyanktesh Jeevan Chandekar was entrusted with the work of
Commissioning and Supervision Engineer and accused no.3, Amit
Hanumant Jadhav was the Executive Engineer. It is alleged that
the accused persons have clandestinely diverted the technological
know-how of the company for the purpose of running their
independent company by name ‘SAV Analytic Online System’
which was being run at Nagpur. It is alleged that the technological
innovations of the company particularly the ‘TWAT Catalyst
Technology’ was being used by these applicants for the purpose of
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doing their independent business and earning profits. On the basis
of these allegations, the FIR is registered against the three accused
persons.
4. Learned counsel for applicants submits that these applicants
were working as employees of the company and the allegations of
secretly transferring the technology for the purpose of doing the
business of other company are without any basis. He submits that
there was no use of TWAT Catalyst Technology as alleged. He also
submits that considering the nature of allegations, there is no
need of custodial interrogation of this applicant as the
investigation is primarily based on the documentary evidence.
Apart from this, he submits that this applicant was protected by
order dated 23rd June 2025 and he has not misused the liberty and
therefore, prays for confirmation of interim protection.
5. Learned counsel for applicants,on instructions, submits that
in view of the allegations about conduct of business by using
technical know-how of the complainant’s company, they have filed
an undertaking on affidavit, and accordingly, they undertake that
they will not directly or indirectly use TWAT Catalyst Technology.
In this regard, the affidavit-cum-undertaking dated 6th August
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2026 submitted by applicants is taken on record. Relevant
paragraph of the said undertaking being paragraph – 2 is
reproduced below :-
“2. Without admitting any of the allegations made
by the prosecution or the complainant and without
prejudice to my rights and contentions in the
pending proceedings, I hereby state that I shall
not, directly or indirectly, use, copy, reproduce,
exploit, disclose commercialize or deal with the
TWAT Catalyst Technology, together with any
confidential information, proprietary know-how,
trade secrets, patented processes or other
intellectual property rights exclusively belonging
to the complainant, namely Priyaanjas OPC
Private Limited and/or Mr. Reepal Joshi.”
6. It has to be noted that the offence is registered on 14 th
February 2025 and investigation is going on. One of the accused,
by name Dr. Jayant Chandorkar has been protected by order dated
23rd June 2025 and there is nothing to show that the said accused
has misused the liberty in any manner. Thus, in view of the
undertaking submitted by the applicants and since there is no
need of custody, the personal liberty of these applicants also need
to be protected.
7. Considering the nature of allegations and the fact that the
applicants have submitted the undertaking on affidavit, the
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applications can be allowed, subject to certain conditions.
8. Hence, I pass following order :-
ORDER
(i) The Anticipatory Bail Application are allowed.
(ii) In the event of arrest of the applicants in
Crime No. 118 of 2025, registered with
Kandivali (West) Police Station,
Brihanmumbai, for the offence punishable
under Sections 316(4), 3(5) of The Bharatiya
Nyaya Sanhita, 2023, (for short, “BNS”) and
Section 43(b), 43(j), 66 and 72 of the
Information Technology Act, 2000, they be
released on bail on furnishing P. R. Bond of
Rs. 25,000/- (Rupees Twenty Five Thousand
only) each, with one solvent surety of the like
amount.
(iii) The applicants shall not interfere with the
investigation and shall extend cooperation
during investigation and trial.
(iv) In view of the applicant’s undertaking on
affidavit, it is directed that the applicants shall
not, directly or indirectly, use in any manner
or commercialize or deal with the TWAT
Catalyst Technology, together with any
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confidential information or other intellectual
property rights exclusively belonging to the
complainant’s company, during pendency of
the investigation and trials.
(v) The applicants shall extend cooperation by
revealing all the information, if demanded by
the Investigating Officer with respect to the
use of TWAT Catalyst Technology through SAV
Analytic Online System including the e-mail
and correspondence exchanged in that regard.
(vi) Breach of any of these conditions, shall be a
ground for cancellation of the bail.
9. Anticipatory Bail Applications are disposed of in above
terms.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
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