Bombay High Court
ANIKET ANIL MUJUMDARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- N R BORKAR
Holding
The court allowed the anticipatory bail application, subject to bond, sureties and a deposit condition.
Summary
Aniket Anil Mujumdar applied for anticipatory bail fearing arrest in a fraud case (Crime No.265 of 2025) involving alleged misappropriation of Rs.2.93 crore from investors. The prosecution alleged that Mujumdar, together with co‑accused Sandesh Joshi, induced investors and benefitted from the fraud, invoking sections of the Bharatiya Nyaya Sanhita, 2023 and the Maharashtra Protection of Interest of Depositors Act, 1999. The applicant contended that the main blame lies with Sandesh Joshi, he has no prior criminal record, is willing to cooperate with the investigation, and offered to deposit Rs.30 lakh as restitution. The court, after reviewing the material, noted that the primary allegations target the co‑accused and that the applicant’s willingness to deposit money and cooperate mitigated the risk of absconding or tampering with evidence. Consequently, the court granted anticipatory bail with conditions of a PR bond, sureties, mandatory cooperation, and a stipulated deposit, while allowing investors to seek withdrawal of the amount before the special court.
Issues considered
- Whether anticipatory bail should be granted to the applicant despite allegations of fraud and being a beneficiary of the misappropriated funds
- Whether the applicant poses a risk of absconding, tampering with evidence, or influencing the investigation
- Whether the applicant’s offer to deposit Rs.30 lakh and cooperate suffices as a condition for bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 316(5), 318(4), 3(5)
- Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — s. 3, 4
Subjects
- anticipatory bail
- financial fraud
- depositors protection
- bail conditions
- co‑accused
- cooperation with investigation
- PR bond
- surety
Judgment
1 902-ABA 1411-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1411 OF 2025
Aniket Anil Mujumdar … Applicant
V/s.
The State of Maharashtra & Anr. … Respondents
-----
Dr. Abhinav Chandrachud a/w Nilesh Pandey, Darshan Patankar a/w
Sameer Vispute i/by Nilesh Pandey for the Applicant.
Mr. V. N. Sagare, APP for Respondent No.1-State.
Mr. Harshwardhan M. Pawar a/w Padmasinh P. Patil for Respondent No. 2.
API I. V. Kokare, Dombivali PS is present.
-----
CORAM : N.R. BORKAR, J.
DATE : 08TH JANUARY 2026
P.C. :
Digitally
signed by 1. This is an Application for anticipatory bail.
MUGDHA
MUGDHA MANOJ
MANOJ PARANJAPE
PARANJAPE Date:
2026.01.12
18:22:35
2. The Applicant is apprehending his arrest in Crime No.265 of 2025
+0530
registered with Dombivali Police Station for the offences punishable under
Sections 318(4), 316(2), 316(5), 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Sections 3, 4 of the Maharashtra Protection of Interest of
Depositors (in Financial Establishments) Act, 1999.
3. It is the case of the prosecution that the Applicant along with other
co-accused had promised the first informant and other investors good
returns on their investments and defrauded them to the tune of
Rs.2,93,80,000/-.
4. Learned Counsel for the Applicant submits that the main allegations
are against the co-accused Sandesh Joshi. It is submitted that the
Applicant is also victim of the co-accused Sandesh Joshi. It is submitted
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2 902-ABA 1411-25.doc
that the custodial interrogation of the Applicant is not necessary and the
Applicant is ready and willing to cooperate in the investigation. Learned
Counsel for the Applicant, on instructions, submits that the Applicant,
without prejudice to his rights and contentions, is ready and willing to
deposit an amount of Rs.30,00,000/- within a period of six weeks. It is
submitted that there are no other criminal antecedents against the
Applicant.
5. On the other hand, Learned APP for the Respondent-State and
Learned Counsel for Respondent No.2-first informant submit that the
Applicant has induced the investors to invest money through co-accused
Sandesh Joshi. It is submitted that the present Applicant and other co-
accused have defrauded the investors to the tune of Rs.2,93,80,000/-. It is
submitted that the present Applicant is the beneficiary of defrauded
amount. It is thus submitted that the Applicant may not be released on
anticipatory bail.
6. I have perused the material on record. The main allegations are
against the co-accused Sandesh Joshi. Considering the overall facts and
circumstances and as the Applicant is ready to deposit an amount of
Rs.30,00,000/-, I am inclined to release him on anticipatory bail. Hence,
the following order:-
ORDER
i. The Anticipatory Bail Application is allowed.
ii. In the event of the arrest of the Applicant in Crime No.265 of
2025 registered with Dombivali Police Station for the offences
punishable under Sections 318(4), 316(2), 316(5), 3(5) of the
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3 902-ABA 1411-25.doc
Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4 of the
Maharashtra Protection of Interest of Depositors (in Financial
Establishments) Act, 1999, he shall be released on bail on
furnishing a PR Bond in the sum of Rs.25,000/- (Rupees
Twenty Five Thousand Only) with one or two sureties in the
like amount.
iii. The Applicant shall attend the concerned Police Station as and
when called for by the investigating officer and shall co-
operate in the further investigation, if any.
iv. The Applicant shall deposit an amount of Rs.30,00,000/- with
the Special Court within a period of six weeks.
v. Liberty is granted to the investors to file an application before
the special/trial court for withdrawal of the said amount. If
such application is filed, the special/trial court shall decide the
same on its own merits.
7. The Anticipatory Bail Application is disposed of in the aforesaid
terms.
(N.R. BORKAR, J.)
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