PRAFUL ANANT CHIPKARversusTHE STATE OF MAHARASHTRA

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL
                             ANTICIPATORY BAIL APPLICATION NO.1918 OF 2026
Digitally signed
by VASANT
ANANDRAO
IDHOL
Date: 2026.09.17
                   Praful Anant Chipkar                                     ...Applicant
11:27:19 +0530                V/s.
                   State of Maharashtra & Anr.                              ...Respondents


                   Mr.Gajendra Jadhav for the Applicant.

                   Mr.Prasanna P. Malshe, APP for the Respondent – State.

                   Respondent No.2 is present in Court.

                   Mr.Goraksha Ghodke, API, Malad Police Station, Mumbai is
                   present in Court.

                                     CORAM : PRAFULLA S. KHUBALKAR, J.
                                     DATE : 11TH SEPTEMBER, 2026.
                   P.C. :-

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

                   for respondent no.1. Respondent no.2 is personally present.

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

                   arrest bail in connection with FIR No.394 of 2026 registered with

                   Malad Police Station, Mumbai for the offence punishable under

                   Sections 316(2), 318(4), 336(2), 336(3) and 340(2) of the Bharatiya

                   Nyaya Sanhita, 2023 (BNS).


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3.         The FIR is lodged by the complainant / respondent no.2

alleging that the persons named in the FIR have made certain

representation to him and on the pretext of giving him Government

job induced him to pay certain amounts. Offence is registered against

two accused persons. This applicant is not named as an accused in the

FIR.

4.         Learned counsel for applicant submitted that the applicant

had apprehension of arrest on the basis of the supplementary

statement stating that an amount of Rs.2,80,000/- was transferred to

this applicant by the accused persons and on account of this

apprehension of arrest, the instant application is filed.

5.         Learned counsel for applicant submits that the applicant is

not named in the FIR. He submits that only on the basis of the

supplementary statement, he is likely to be implicated. However, as

regards the receipt of amount of Rs.2,80,000/-, he submits that the

same was received. He submits that there is nothing to show that this

applicant has made any kind of representation or any inducement to

give any government job.

6.         Considering     the   allegations   in   the     supplementary

statement, the applicant has expressed readiness to join in the

investigation and extend co-operation. It has to be noted that, in view

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of the readiness of the applicant, this Court has granted interim

protection to the applicant by an order dated 22 nd July, 2026. It has to

be seen that the applicant has earlier expressed readiness to return the

amount of Rs.2,80,000/- to the complainant and accordingly today an

affidavit-cum-undertaking of the applicant dated 9th September, 2026

is tendered across the bar. Apart from this, learned counsel for

applicant has handed over the Demand Draft to the complainant, who

is personally present, and the same is received by the complainant in

presence of the Investigating Officer.

7.         Learned APP for respondent although pointed out that the

allegations are there against other accused persons, however, there is

no dispute about the readiness of the applicant to pay the amount in

view of the affidavit-cum-undertaking and the fact that the applicant

has actually paid the amount by Demand Draft.

8.         It has to be noted that that the name of this applicant is

mentioned only in the supplementary statement. There is no material

to show that this applicant has done any overt act. It is crucial to note

that at this stage, this applicant has given an amount of Rs.2,80,000/-

to the complainant by Demand Draft and thus considering the bona

fide conduct of the applicant, interim protection granted by this Court

that needs to be confirmed. Considering all these facts, the application

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needs to be allowed. Hence, I pass the following order :-

                                 ORDER:

a).        In the event of arrest of the applicant in Crime No.394

of 2026 registered with Malad Police Station, Mumbai, he be

released on bail on furnishing P. R. Bond of Rs.25,000/- with

one solvent surety in the like amount.

b).        The applicant is directed to extend co-operation

whenever required.

9.         The instant application is allowed and disposed of.


                                        (PRAFULLA S. KHUBALKAR, J.)




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