Bombay High Court

HANUMANPRASAD DEVILAL AGRAWALversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 16 September 2026
Disposal: ANTICIPATORY BAIL GRANTED

Holding

The Court allowed the anticipatory bail, confirming the interim protection order, as the applicant was not named in the FIR and no prima facie case existed against him.

Summary

The applicant, Hanumanprasad Devilal Agrawal, filed an anticipatory bail application in connection with a cheating and breach of trust case (Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023) where he is not named in the FIR. The FIR alleges that three accused failed to pay Rs. 2.51 crore for cloth purchased from the complainant, and one accused claimed to have sold cloth to the applicant. The applicant argued that he purchased the goods on consideration, has no criminal antecedents, and has complied with an interim protection order dated 9 July 2026. The State contended that the applicant’s purchase from the accused indicated involvement. The Court examined the FIR, noted the applicant’s absence from the charge sheet, and found no prima facie case against him, confirming the interim protection order subject to cooperation during trial. Consequently, the anticipatory bail application was allowed and disposed of.

Issues considered

Whether anticipatory bail can be granted to a person not named in the FIR but alleged to have purchased goods from the accused.
Whether the allegations under Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, establish a prima facie case against the applicant.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 3(5)

Subjects

anticipatory bail
Section 318 BNS
cheating
breach of trust
interim protection order
criminal antecedents
FIR
pre‑arrest bail

Judgment

                                                        35-ABA-1775-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 1775 OF 2026
Hanumanprasad Devilal Agrawal                              ...Applicant
            V/S.
The State Of Maharashtra And Anr.                          ...Respondents
_____________________________________________________________
Adv. R. R. Tripathi, for the Applicant.
Adv. Bapu V. Holambe, APP for the Respondent – State.
API - Mr. Mithun S. Bhoir, Bhiwandi Unit-2 Crime, Police Station is
present.
_________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 16TH SEPTEMBER, 2026.
P.C. :-

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

the respondent.

2.        The applicant has filed the instant application seeking pre-arrest

bail in connection with Crime No. 1228 of 2025 dated 04.11.2025 registered

with Narpoli Police Station, for the offence punishable under Section 318(4)

read with Section 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023.

3.        The FIR is registered against three accused persons on the

allegations that those persons have purchased cloth material during July,

2025 to August, 2025 from the complainant’s company and have failed to

make payment of about Rs. 2,51,00,000/-. On the basis of of these


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                                                          35-ABA-1775-2026.odt

allegations, the offence is registered against three persons, wherein this

applicant is not arraigned as an accused person.

4.        Learned counsel for the applicant submits that this applicant is not

named in the FIR, but has the apprehension of arrest only because one of the

accused persons has given a statement that he has sold some goods to this

applicant. He submits that this applicant has purchased the goods against

consideration and cannot be implicated in the instant offence.

5.        Apart from this, he submits that charge sheet is already filed

against the other accused persons and this applicant’s involvement is not

shown, on the basis of any documents. He states that there are no criminal

antecedents against this applicant and considering all these aspects, this

Court has granted interim protection order dated 09 th July, 2026 which is not

misused by the applicant.

6.        Learned APP for the respondent opposed the application and

submitted that the offence registered against the accused persons is with

respect to cheating and breach of trust involving an amount of Rs.

2,51,00,000/-. He submits that during investigation, it is revealed that this

applicant has purchased some cloths from the arrested accused persons by

name Hayat Khan and therefore his involvement in the offence is apparent.

However, there is no dispute that the applicant has attended the police

station in accordance with interim protection order.

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


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                                                          35-ABA-1775-2026.odt

noted that the applicant is not named in the FIR. Investigation in the offence

is completed and charge sheet is already filed against the other accused

persons. As such, only because this applicant has purchased some cloths

from other accused persons, it prima facie appears that this applicant is not

directly involved in the alleged offences.

8.        Considering the fact that there are no criminal antecedents against

this applicant and he has not misused the liberty granted by this Court by

interim protection order dated 09th July, 2026, the same needs to be

confirmed, subject to the condition that the applicant shall extend the

cooperation during trial and shall not tamper with the prosecution witnesses

or evidence in any manner. Accordingly, the interim protection granted by

order dated 09th July, 2026 is confirmed.

9.        The instant application is allowed and disposed of.




                                      (PRAFULLA S. KHUBALKAR, J.)




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