Bombay High Court
MUKESH AMRUTLAL MANEKversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
The Court granted anticipatory bail to the applicant, subject to bond and conditions, confirming the interim protection.
Summary
Mukesh Amrutlal Manek applied for anticipatory bail under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023, in connection with Crime No. 68 of 2026 alleging offences under Sections 318(1), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR, filed by a complainant, names four accused who allegedly cheated investors by promising unlisted shares, and records a transfer of Rs. 11,25,000 to the applicant’s account from one of the accused. The applicant contended that he is not named in the FIR, the funds relate to his licensed lottery business, and he has complied with a notice under Section 35(3) of the BNSS by appearing before the police and producing his license. The State argued that the receipt of the amount suggests a connection to the crime. The Court observed that the applicant’s cooperation with the investigation and the absence of his name in the FIR negate the need for custodial interrogation and that his personal liberty must be protected, subject to conditions. Accordingly, the Court granted anticipatory bail, directing the applicant to furnish a bond and cooperate with the investigation.
Issues considered
- Whether anticipatory bail can be granted to a person not named in the FIR but alleged to have received proceeds of the alleged offence.
- Whether the applicant’s cooperation with the investigation obviates the need for custodial interrogation.
- Whether the interim protection previously granted should be confirmed.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 35(3), 482
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(1), 3(5)
Subjects
- anticipatory bail
- Section 482 BNSS
- Section 35(3) BNSS
- personal liberty
- cooperation with investigation
- lottery business
- Bharatiya Nyaya Sanhita offences
Judgment
17-ABA-1758-2026.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1758 OF 2026
Mukesh Amrutlal Manek …Applicant
Versus
The State of Maharashtra …Respondent
Adv. Harshada Shrikhande i/b Adv. Saurabh D Butala,
for Applicant.
Mr. Ashok S. Gawai, A.P. P., for Respondent – State.
API Prashant Ashok Jadhav, Kalwa Police Station, Thane City,
is present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 28TH SEPTEMBER 2026
P. C:-
1. Heard learned counsel for applicant as well as learned
APP for respondent – State.
2. The applicant has filed the instant application under
Section 482 of The Bharatiya Nagarika Suraksha Sanhita, 2023
(for short, “BNSS”), for seeking pre-arrest bail in connection
with Crime No. 68 of 2026 dated 12.02.2026, registered with
Kalwa Police Station, Thane, for the offence punishable under
Sections 318(1), 316(2) and 3(5) of The Bharatiya Nyaya
Sanhita, 2023.
Page 1 of 5
th
28 September 2026
17-ABA-1758-2026.ODT
3. The FIR is lodged by the complainant alleging that the
four accused persons named therein had cheated the
complainant and other persons by inducing them to pay
amounts on the pretext that they will secure unlisted shares
from the National Stock Exchange for complainant and other
persons. The complainant has alleged that various amounts
were transferred in the account of Rupesh i.e. accused No. 3.
4. Learned counsel for applicant submits that this applicant
is not named in the FIR and he has no connection with the
alleged transactions in between the complainant and the
accused persons. He submits that the applicant is independently
running his lottery business with respect to which he has a valid
license and the amounts received in his account are with respect
to other transactions. Learned counsel for applicant submits that
in the instant matter, the applicant was served with a notice
under Section 35(3) of the BNSS and in response thereto he had
appeared before the investigating agency. She also submits that
in accordance with the interim protection granted by this Court
by order dated 8th July 2026, the applicant has attended the
police station and produced the documents demanded including
Page 2 of 5
th
28 September 2026
17-ABA-1758-2026.ODT
his lottery license. She therefore submits that the interim
protection be confirmed.
5. Learned APP for respondent - State has opposed the
application and submitted that during investigation it is
revealed that an amount of Rs. 11,25,000/- was transferred to
the account of this applicant from the account of Rupesh i.e.
accused No.3. He therefore, states that this applicant has also
got some connection with the offence in question. However,
there is no dispute that the applicant was served with the notice
under Section 35(3) of BNSS and further that the applicant has
attended the police station in accordance with the interim
protection order.
6. Perused the FIR and the documents placed on record. It is
apparent that the offence is registered against four accused
persons and this applicant is not named in FIR. The issue about
receipt of amount in the account of this applicant from the
accused no.3 whether part of proceeds of crime, is subject
matter of investigation. At this stage, considering the fact that
the applicant has joined the investigation and attended the
police station, custodial interrogation of this applicant need not
Page 3 of 5
th
28 September 2026
17-ABA-1758-2026.ODT
be insisted and hence, the interim protection granted by this
Court needs to be confirmed.
7. It is also relevant to note that the applicant has tried to
justify the transaction on the basis of his lottery business and he
has already produced the lottery license to the investigating
agency.
8. Considering the nature of allegations and the fact that the
applicant has not been named in the FIR and further
considering the fact that the applicant has joined the
investigation and attended the police station, the personal
liberty of this applicant needs to be protected subject to certain
conditions.
9. Hence, I pass following order :-
ORDER
(i) The Anticipatory Bail Application is allowed.
(ii) In the event of arrest of this applicant in
connection with Crime No. 68 of 2026
registered with Kalwa Police Station, Thane,
for the offence punishable under Sections
318(1), 316(2) and 3(5) of The Bharatiya
Nyaya Sanhita, 2023, he be released on bail
Page 4 of 5
th
28 September 2026
17-ABA-1758-2026.ODT
on furnishing P. R. Bond of Rs. 25,000/-
(Rupees Twenty Five Thousand only) with
one solvent surety of the like amount.
(iii) The applicant is directed to attend the Police
Station as and when called upon by the
investigating agency.
(iv) The applicant is directed to extend co-
operation during investigation and trial.
(v) Breach of any of these conditions, shall be a
ground for cancellation of the bail.
10. Anticipatory Bail Application is disposed of in above
terms.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
Page 5 of 5
th
28 September 2026
Checking your session…