RAVI MANIK NAGARGOJEversusSTATE OF MAHARASHTRA AND ANR

                                   1                        22.ABA-153-2026.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION

        ANTICIPATORY BAIL APPLICATION NO. 153 OF 2026
                  RAJABHAU SOPAN KANDE
                       VERSUS
       THE STATE OF MAHARASHTRA AND ANOTHER
                              WITH
      ANTICIPATORY BAIL APPLICATION NO. 154 OF 2026
                SANTOSH MANOHAR TIDKE
                       VERSUS
      THE STATE OF MAHARASHTRA AND ANOTHER
                         …
      ANTICIPATORY BAIL APPLICATION NO. 155 OF 2026
               SIDHESHWAR SHIVAJI LAD
                       VERSUS
      THE STATE OF MAHARASHTRA AND ANOTHER
                         …
    ANTICIPATORY BAIL APPLICATION NO. 157 OF 2026
                 RAVI MANIK NAGARGOJE
                       VERSUS
      THE STATE OF MAHARASHTRA AND ANOTHER
                                 …

         Advocate for Applicants : Mr. Vaibhav Halake a/w
Mr. Sairaj Suryawanshi a/w Mr. Satyvrat Joshi a/w Mr. Yash a/w Mr. Vikas

   Advocate for Respondent No.3 : Mr. S.M. Patil a/w
        Mr. S.N. Kunkekar and Mr. R.R. Nirmale

APP for Respondents/State in ABA-153/2026 : Dr. Ashvini A. Takalkar
APP for Respondents/State in ABA-154/2026 : Mr. S.V. Gavand
APP for Respondents/State in ABA-155/2026 : Mrs. S. N. Deshmukh
APP for Respondents/State in ABA-157/2026 : Mr. Anand S. Salgaonkar
                             …
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                         CORAM : MEHROZ K. PATHAN, J.
                             DATE : 17th JUNE 2026

PER COURT :
1.       Heard the learned Counsel for the Applicants and the
learned APP for the State.


2.       The Applicants have approached this Court, seeking
anticipatory bail in connection with Crime No.559/2023 registered
with Shahupuri Police Station, District Kolhapur for the offences
punishable under Sections 420, 406, 34 of the Indian Penal Code,
1860.


3.       The case of the prosecution is that the Informant is working
as a Supervisor in Chhatrapati Rajaram Sugarcane Factory, Kasba
Bawada, Kolhapur, and the Applicants were engaged as labour
contractors (Magdum) from the year 2017 onwards. From 2017 to
2020, the Applicants worked as labour contractors without receiving
any advance payment and thereby obtained the trust of the
Complainant/Sugar Factory. In the year 2021–2022, during the
harvesting period, the Sugar Factory was in need of labour and
vehicles for cutting and harvesting sugarcane. All the Applicants, who
had earlier worked as labour contractors, were given advance
amounts, and an agreement was executed with them for providing
labour, transportation, and necessary logistics during the harvesting
period. The Complainant further submits that, despite accepting a
huge advance amount from the Complainant, the Applicants failed to
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perform their contractual obligations by not providing the required
labour for sugarcane cutting and the necessary logistics during the
harvesting season of 2021–2022. Thus, the Complainant has prayed
for appropriate action against the Applicants for cheating and
misappropriation to the tune of Rs. 1,12,62,500/-, resulting in
registration of F.I.R.


4.        The learned Counsel for the Applicants submits that the
Applicants have been falsely implicated in the present crime. A mere
breach of agreement would not amount to cheating. The learned
Counsel further submits that the Complainant has already initiated
proceedings under Section 138 of the Negotiable Instruments Act
against the Applicants for dishonour of cheques of the like amount.
At the time of execution of the agreement, the Complainant/Sugar
Factory created a charge/encumbrance on the landed properties
belonging to the Applicants by making necessary communications to
the Revenue Officer. The 7/12 extract and Form No. 6 of the
Applicants’ landed properties show the charge created in favour of
the Sugar Factory, which continues to subsist. Thus, the amount
allegedly advanced for providing labour stands secured. The cheques
issued by the Applicants by way of security were dishonoured, and
therefore proceedings under Section 138 of the Negotiable
Instruments Act are also being pursued by the Complainant against
the four Applicants. The civil dispute has been given a criminal
colour only with the intention to wreak vengeance and falsely
implicate the Applicants in order to recover the amounts illegally. The
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Applicants are not having any criminal antecedents and are 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 as well as the learned
Counsel for the Complainant strongly oppose the present application
on   the     ground    that   the   Applicants   have       cheated           the
Complainant/Sugar Factory. It is submitted that there was no
intention on the part of the Applicants to perform their contractual
obligations, and by applying deceitful means, they obtained a huge
advantage from the Sugar Factory and thereafter failed to provide
labour for sugarcane cutting during the harvesting period of 2021–
2022, thereby resulting in huge losses to the Complainant/Sugar
Factory. The Applicants had initially gained the trust of the Sugar
Factory and have systematically cheated the Complainant of an
amount of approximately Rs. 1.2 Crores. The custodial interrogation
of the Applicants is therefore necessary to unearth the entire
conspiracy behind the crime committed by them. It is further
submitted that the amounts obtained by the Applicants through
cheating are yet to be recovered, and hence this is not a fit case for
releasing the Applicants on anticipatory bail.


6.         I have gone through the investigation papers made available
by the learned APP. The perusal of the record shows that the
Complainant/Sugar Factory has already initiated proceedings under
Section 138 of the Negotiable Instruments Act in respect of the
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cheques issued by the Applicants by way of security to the Sugar
Factory. The record further shows that, in lieu of the amounts
advanced to the Applicants under the agreement for providing labour
during the sugarcane cutting season of 2021–2022, the transaction
was also secured by creating a charge and making necessary entries
in the 7/12 extract and Form No.6 of landed properties belonging to
Applicants. The learned APP, upon instructions, submits that notices
under Section 41 of the Bharatiya Nyaya Suraksha Sanhita (BNSS)
were issued to the Applicants; however, the same were refused to be
accepted by them.
.        Issuance of a notice under Section 41 of the BNSS by the
prosecution shows that, since the offence is punishable with
imprisonment below seven years and other remedies are already
being pursued by the Applicants, the custodial interrogation of the
Applicants does not appear to be necessary. The apprehension of the
learned APP as well as the learned Counsel for the Complainant can
be taken care of by further imposing stringent conditions upon the
Applicant. Hence the following order :
                                 ORDER
(i)   In the event of arrest of the Applicants -    Rajabhau Sopan
Kande; Santosh Manohar Tidke; Sidheshwar Shivaji Lad And Ravi
Manik Nagargoje in connection with Crime No.559/2023 registered
with Shahupuri Police Station, District Kolhapur for the offences
punishable under Sections 420, 406, 34 of the Indian Penal Code,
1860, they be released on bail on furnishing P.R. bond of Rs.50,000/-
(Rupees Fifty Thousand) each with two solvent sureties in the like
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amount, on the following conditions :

(a) The Applicants shall attend Shahupuri Police Station, District
Kolhapur, on every Friday and Saturday between 11:00 a.m. and
01:00 p.m. till filing of the charge-sheet and thereafter as and when
called by the Investigating Officer.

(b) The Applicants shall not tamper with the prosecution evidence
and shall not influence the witnesses.

(c) The Applicants shall submit their Aadhar and PAN Cards to the
Investigating Officer and detailed addresses and phone numbers of
themselves and two of the near relatives.

(d) A single violation of the conditions would entitle the
prosecution to seek cancellation of the bail of the Applicant.

(ii)       The applications are allowed in the above terms and stands
disposed of.


                                           MEHROZ K. PATHAN
                                               JUDGE




NAJEEB..