Created by Fuzzy Cloud

Bombay High Court

AMIT HANUMANT JADHAVversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

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

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



                               Page 1 of 6
                              th
                             6 August 2026
                           902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT




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



                             Page 2 of 6
                            th
                           6 August 2026
                            902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT




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


                              Page 3 of 6
                             th
                            6 August 2026
                           902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT




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



                             Page 4 of 6
                            th
                           6 August 2026
                            902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT




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




                              Page 5 of 6
                             th
                            6 August 2026
                                 902(1&2)-ABA-1350-2025 W ABA-1354-2025.ODT




                   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/-




                                   Page 6 of 6
                                  th
                                 6 August 2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.