ALPESH SURESHCHANDRA KOTHARIversusSTATE OF MAHARASHTRA

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VASANT                            CRIMINAL APPELLATE JURISDICTION
ANANDRAO
IDHOL
                             ANTICIPATORY BAIL APPLICATION NO.1767 OF 2026
Digitally signed
by VASANT
ANANDRAO
IDHOL              Alpesh Sureshchandra Kothari                           ...Applicant
Date: 2026.08.31
19:26:04 +0530                V/s.
                   State of Maharashtra & Anr.                            ...Respondents


                   Mr.Surendra R. Yadav for the Applicant.

                   Ms.Geeta P. Mulekar, APP for the Respondent – State.

                   Mr.S.S. Chikhalikar, API, Samta Nagar Police Station is present in
                   Court.

                                     CORAM : PRAFULLA S. KHUBALKAR, J.
                                     DATE : 31ST AUGUST, 2026.
                   P.C. :-

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

                   for respondent. Respondent no.2 / complaint is present in person.

                   2.           The applicant has filed the instant application under

                   Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

                   seeking pre-arrest bail in C.R. No.574 of 2026 registered with Samta

                   Nagar Police Station for the offence punishable under Section 406 of

                   Indian Penal Code,1860 (IPC).

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

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the complainant alleging that on 1st May, 2022, the complainant has

pledged certain gold of 23 carat with the accused, for securing loan of

Rs.9,00,000/-. She has alleged that she has taken the loan of

Rs.9,00,000/- from the accused against the gold at the time when her

husband was ill. She has alleged that thereafter when she gone to

accused no.1 for getting the gold released, the accused told her that

the gold was already sold by him. On the basis of these allegations,

FIR came to be registered against this applicant.

4.         Learned counsel for applicant submits that the allegations

about pledging of gold are without any basis. He submits that the

applicant is a jeweller, who has purchased the gold from            the

complainant against total amount of Rs.9,00,000/-. He submits that

after purchasing the gold, the applicant utilized it by selling the same

and there is no question of any criminal breach of trust, as alleged. He

also submitted that the applicant has attended the police station at

about 12 times and considering the co-operation of the applicant, the

interim protection granted on 08.07.2026 be confirmed.

5.         The application is opposed by the learned APP and it is

stated that the complainant has alleged in the complaint that the gold

was pledged by the complainant. She submits that the investigation as

regards the allegations has to be conducted thoroughly, since it has to

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be investigated as to whether the applicant has maintained any record

about sell of the said golden articles.

6.         Perused the FIR and documents placed on record. It has to

be noted that the alleged offence has occurred on 5 th May, 2022 and

the report is lodged on 29th May, 2026, i.e. after a period of about 4

years. There is nothing on record to show any transaction of any

pledge. Considering the nature of allegations, it has to be noted that

there is nothing to show at this stage that the gold was pledged by the

complainant with the applicant. The contentions of the applicant that

he has attended the Police Station at about 12 times is also not

disputed by the Investigating Officer. As such at this stage, the

presence of the applicant can be secured by directing him to attend

the Police Station and extend co-operation to the Investigating

Agency. The applicant is also directed to extend co-operation by giving

his handwriting and signatures, for examination.

7.         Further, it is also pointed out that there are no criminal

antecedents against this applicant. Pertinently, in view of the interim

protection granted by this Court by an order dated 8th July, 2026, the

applicant has attended the Police Station and the applicant is again

ready to extend co-operation to the investigating agency.

8.         Considering all these aspects, the personal liberty of this

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applicant needs to be protected subject to certain conditions. Hence I

pass the following order :-

                                 ORDER:

a).        The anticipatory bail application is allowed.

b).        In the event of arrest of the applicant in Crime No.574 of

2026 registered with Samta Nagar Police Station for the offence

punishable under    Sections 406 of IPC, he be released on bail on

furnishing P. R. Bond of Rs.25,000/- with one solvent surety in the

like amount.

c).        The applicant is directed to give his sample handwriting

and signatures to the Investigating Agency whenever called upon.

d).        The applicant is directed to attend the Police Station as and

when called upon by the Investigating Officer and extend co-operation

during the trial.

e).        The Applicant shall not influence the complainant or any

of the prosecution witnesses in any manner.

9.         Accordingly, the application is allowed and disposed of in

above terms.

                                        (PRAFULLA S. KHUBALKAR, J.)




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