TALAKARAM TOLARAM PRAJAPATIversusTHE STATE OF MAHARASHTRA

                                                                   3-ABA-1550-2026.doc

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 1550 OF 2026


            Talakaram Tolaram Prajapati                             ...Applicant
                       V/s.
            State of Maharashtra                                    ...Respondent


            Mr. Yash Jain, for the Applicant.
            Ms. Megha S. Bajoria, APP for the Respondent – State.


                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 23rd SEPTEMBER, 2026.
            P.C. :-

            1.           Heard learned counsel for applicant as well as learned APP

            for respondent.

            2.           The applicant is seeking pre-arrest bail in connection with

            Crime No. 1359 of 2025 registered with LT Marge Police Station for

            offences under Section 316(5), Section 318(4) and 3(5) of BNS, 2023,

            3.           The FIR is registered on the basis of report lodged by the

            complainant who is in the business of sale and purchase of gold, by

            name M/s. Shree Laxmi Jewellery, Mumbai. It is alleged in the report

            that during the period from 14th June 2025 to 1st September 2025,

            accused no. 1 had purchased gold jewellery from the complainant and


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had made payments through RTGS. It is alleged that several

transactions were made in between the complainant and the accused

persons however, the accused persons did not take the amount

towards purchase of gold jewellery worth Rs. 2 Crores. On the basis of

these allegations, the offence is registered against two accused

persons. This applicant is not named in FIR.

4.         The learned counsel for applicant submits that this

applicant is an employee of the complainant since last about 20 years.

He submits that name of this applicant is involved only on the basis of

allegation that he has acted in collusion with the accused persons. He

submits that there is nothing to show that he has played any kind of

role in the entire transaction and thus cannot be held responsible for

non-payment of amount by those persons.

5.         Apart from this, he submits that this applicant has joined

the investigation and has attended Police Station in accordance with

interim protection order dated 18th June 2026. He therefore prays for

confirmation of the interim protection.

6.         Learned APP for respondent submits that the allegations in

the FIR are namely against accused no. 1 and 2, who had purchased

the golden ornaments. It is submitted that the applicant is an

employee in the shop of the complainant. She submits that the

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investigation in the matter is complete and charge sheet is filed

against the other accused persons. There is no dispute that the

transactions of the sale of gold was with the accused no. 1 and 2 and

this applicant is only an employee at the complainants shop.

7.         On perusal of the FIR and the allegations, it appears that

the main transaction is with the accused no. 1 and 2. There is nothing

to show that this applicant has acted in collusion with the accused

persons. The grievance of the complainant about non receipt of money

could be against the accused no. 1 and 2 who have purchased the

golden ornaments.

8.         Considering the fact that the investigation in the matter is

complete and the charge sheet is filed against the other two accused

persons and considering the fact that this applicant has extended the

cooperation by attending the Police Station, his personal liberty needs

to be protected by granting anticipatory bail.

9.         Hence I pass the following order:

                       : ORDER :

(i)        Anticipatory Bail Application is allowed.

(ii)       In the event of arrest of the applicant in connection with

Crime No. 1359 of 2025 registered with LT Marge Police Station for

offences under Section 316(5), Section 318(4) and 3(5) of BNS, 2023,

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the Applicant may be released on bail on furnishing P.R. Bond of Rs.

25,000/- (Rupees Twenty Thousand only) with one solvent surety of

the like amount.

(iii)      The applicant is directed to attend the Investigating Agency

as and when called upon by the Investigating Agency.

(iv)       The applicant shall cooperate with the Investigating Agency

during investigation and trial.

10.        The Application is accordingly allowed and disposed of in

above terms.



                                        (PRAFULLA S. KHUBALKAR, J.)




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