Bombay High Court

NAVNATH BHAUSAHEB SHINDEversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF
Bench: MEHROZ K PATHAN

Holding

The Court allowed the anticipatory bail application, confirming the interim bail order and imposing conditions for the applicant’s cooperation.

Summary

Navnath BhauSaheb Shinde applied for anticipatory bail in a case registered under Sections 3(5) and 318(4) of the Bhartiya Nyaya Sanhita, 2023, alleging cheating in a marriage‑related transaction. The prosecution alleged that Shinde facilitated the introduction of a girl to the complainant and was part of a scheme to extract large sums of money. Shinde contended that he acted merely as a mediator, received no money, and had cooperated fully with the investigation, having no prior criminal record. The Court examined the FIR and supplementary statements, finding that the monetary allegations were directed at the girl’s maternal aunt and her relatives, not at Shinde. Noting Shinde’s compliance with the earlier interim bail order dated 5 August 2025, the Court confirmed that there was no basis to deny bail and imposed standard conditions for his appearance and conduct. Consequently, the anticipatory bail application was allowed and the interim order was confirmed.

Issues considered

Whether the applicant is directly implicated in the offences punishable under Sections 3(5) and 318(4) of the Bhartiya Nyaya Sanhita, 2023.
Whether anticipatory bail should be granted in view of the applicant's alleged role as a mediator and his cooperation with the investigation.
Whether the conditions imposed by the Court are sufficient to ensure the applicant’s compliance and the integrity of the investigation.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 3(5)

Subjects

anticipatory bail
cheating
marriage fraud
Bhartiya Nyaya Sanhita
bail conditions
criminal procedure

Judgment

2026:BHC-AUG:15264

1 903.ABA-1358-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 1358 OF 2025

NAVNATH BHAUSAHEB SHINDE
VERSUS
THE STATE OF MAHARASHTRA
…
Advocate for Applicant : Mr. Nangare Prashant R.
APP for Respondent/State : Mrs. P. J. Bharad
…

CORAM : MEHROZ K. PATHAN, J.
DATE : 8th APRIL 2026

PER COURT :
1. Heard the learned Counsel Mr. Nangre for the Applicantand
the learned APP Mrs. Bharad for the Respondent/State.

2. The Applicant has approached this Court, seeking
anticipatory bail application in connection with Crime No.314/2024
registered with Ambhora Police Station, Taluka Ashti, District Beed
for the offences punishable under Sections 3(5), 318(4) of the
Bhartiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that the Informant lodged
complaint alleging that, on 15.12.2024, at about 06:00 a.m., one
Vitthal Deokar asked the Informant that there is a proposal of a girl
for the marriage at Parbhani for which he will have to pay
Rs.5,00,000/-. There is scarcity of good girls for marriage in their
society and therefore, the Informant assured him to pay
2 903.ABA-1358-2025.doc

Rs.3,00,000/-. Then, one Vitthal told him that he will show girl
today. He obtained Rs.50,000/- in cash from Informant. Then he told
that he is going to show girl to him by calling him at Ahilyanagar.
Thereafter, the Informant and Vitthal went to Ahilyanagar. The
Informant given his positive response after seeing the said girl. He
found the age of that girl is 19 years. Immediately, they performed
marriage. One Maternal aunt (Jyoti) as stated in the FIR, has taken
Rs.1,50,000/- from the Informant and later she taken remaining
amount also. Thereafter, the girl cohabited with the Informant from
17 December 2024 to 19 December 2024 after which she refused to
cohabit with the Informant. Thus, the Informant asked her to refund
the amount of Rs.3,00,000/-. Then the said maternal aunt threatened
the informant of lodging complaint against him. In such situation, the
complaint is lodged and the FIR is registered.

4. The learned Counsel submits that the Applicant is falsely
implicated in the present crime. The Applicant was a mediator who
had introduced the girl to the complainant at the request of one
Vitthal Deokar. The entire allegations regarding the handing over of
money for marriage with the girl are directed against one Jyoti
(maternal aunt) and other relatives of the girl. There are no
allegations that the Applicant ever accepted any amount. This Court
vide its order dated 05.08.2025 has protected the Applicant upon
conditions to attend the police station and cooperate with the
investigation. The Applicant has attended the police station and
cooperated with the investigation. The investigation as against the
3 903.ABA-1358-2025.doc

Applicant is almost complete. The Applicant is not having any
criminal antecedents and is further ready to abide by any conditions
that may be imposed by this Court. Hence the Applicant may be
protected.

5. As against this, the learned APP strongly opposes the
present application on the ground that the Applicant is involved in
the serious offence of cheating by showing the girl and extracting
huge amounts from the complainant. Such offences occur in areas
where girls are fewer in number for marriage purposes. Taking
advantage of vulnerable villagers, certain cartels operate in the area
to trap young girls. The custodial interrogation of the Applicant is
necessary to ascertain the whereabouts of the other accused who
have been absconding since the date of registration of the offence.
Hence the application may be rejected.

6. I have gone through the investigation papers made available
by the learned APP. A perusal of the FIR itself shows that the entire
allegations of handing over the amount are against one Jyoti and
other purported relatives of the girl who was shown to the
complainant. The Applicant was not paid any amount for showing
the girl for marriage. The supplementary statement dated 22.07.2025
of the complainant Sharad further suggests that there are no
allegations of direct involvement of the present Applicant in the said
crime.
. Be that as it may, the Applicant was protected by the order
4 903.ABA-1358-2025.doc

of this Court dated 05.08.2025. The Applicant has attended the
police station and has cooperated with investigation. There are no
reports of any violations of conditions imposed by this Court. I see no
impediment in protecting the Applicant. Hence, the following order:
ORDER
(i) The application is allowed.

(ii) The interim order dated 05.08.2025 is hereby confirmed.

(iii) The Applicant is directed to attend Ambhora Police Station,
Taluka Ashti, District Beed as and when called by the Investigating
Officer.

(iv) The Applicant is directed not to tamper with the evidence and
shall not threaten the complainant or the witnesses.

(v) The Applicant shall attend the trial on each and every date
unless so exempted by the trial Court on emergency conditions.

(vi) The Applicant shall submit his Aadhar and PAN Cards to the
Investigating Officer and detailed addresses and phone numbers of
himself and two of the near relatives.

(vii) A single violation of the aforesaid conditions, would entitle the
prosecution to seek cancellation of bail of the Applicant on that
ground.

(viii) With the aforesaid directions, the application is disposed of.

MEHROZ K. PATHAN
JUDGE
NAJEEB..

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