Bombay High Court
ADITYA SUDHIR JAGTAPversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that the lack of proximate evidence and antecedents warrants the grant of anticipatory bail with conditions.
Summary
The High Court of Bombay entertained an anticipatory bail application filed by Aditya Sudhir Jagtap under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case registered for offences under Sections 3(5), 352, 351(2) and 108 of the same Act. The prosecution alleged that the applicant was involved in financial cheating that led to the suicide of the complainant's father, based on entries in the deceased's notebooks and a mobile conversation dated 14 April 2026 where the deceased allegedly accused the applicant of taking money. The court observed that the alleged conversation was not proximate to the suicide incident on 11 May 2026, there was no material linking the applicant directly to the crime, and the applicant had no prior antecedents. Consequently, the court found a case for granting anticipatory bail, subject to strict conditions including a personal bond, sureties, reporting to police, and non‑interference with witnesses. The application was therefore disposed of by granting bail with conditions.
Issues considered
- Whether the material on record is sufficient to deny anticipatory bail to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the alleged financial transactions and mobile conversation establish a prima facie case against the applicant.
- Whether imposing conditions on anticipatory bail is appropriate in the circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 108, 194, 3(5), 351(2), 352, 482
Subjects
- anticipatory bail
- Section 482
- suicide
- financial fraud
- bail conditions
- Indian criminal law
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1938 OF 2026
Aditya Sudhir Jagtap …Applicant
Vs.
State of Maharashtra …Respondent
Mr. Gaurav D. Kakade, for the Applicant.
Mr. P.P. Jadhav, APP for the Respondent-State.
GPSI Mr. S.T. Tonde, Daund Police Station, Pune Rural.
CORAM: MADHAV J. JAMDAR, J.
DATE : 31st AUGUST, 2026
P. C.:
1. Heard Mr. Kakade, learned counsel appearing for the
Applicant and Mr. Jadhav, learned APP appearing for the State.
2. By this application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-
arrest bail in connection with C.R. No. 298 of 2026 registered with
Daund Police Station, Pune Rural for the offences punishable under
Section 3(5), 352, 351(2) and 108 of the Bharatiya Nagarik
Sanhita, 2023.
3. The prosecution case is set out in paragraph Nos. 2 and 3 in
order dated 7th July 2026 passed by learned Additional Sessions
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Judge, Baramati, Dist. Pune in Criminal Bail Application No. 369 of
2026, which are reproduced hereinbelow for ready reference :-
“2. The informant Advait Vivek Gatane has filed
report against the accused/applicant and other
accused persons alleging that, on 11/05/2026 at
about 07:00 am his mother phone called him and
said that, his father has committed suicide by
hanging himself in their house. So, the informant
has immediately came to Daund. In the mean time,
dead body of his father was taken to Sub- District
Hospital, Daund. Intimation of suicidal death was
given by his cousin Swanand Sudhir Gatane to
Daund Police Station. On the basis of his report, ADR
No.65/2026 came to be registered U/Sec.194 of
Bharatiya Nagarik Suraksha Sanhita, 2023. During
inquiry of accidental death, police prepared spot
panchanama. At that time, they found two
notebooks wherein the father of the informant has
made entries of his financial transactions with
accused persons and other persons from 04/01/2026
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to 10/05/2026. In the said notebook, his father has
also mentioned that the persons mentioned in the
notebook have taken money and valuable things
from him. But, failed to return back and cheated
him. Therefore, he has sustained financial loss and
had suffered from mental agony. So, he has
committed suicide. So, on the basis of contents in
both notebooks, the informant has filed report
against accused persons including the
accused/applicant.
3] On the basis of his report, crime vide C.R. No.
298/2026 for the offences punishable U/Secs.108,
351(2), 352 and 3(5) of BNS, came to be registered
at Daund Police Station, Tal.Daund, Dist. Pune. The
accused/applicant having apprehension of his arrest,
has filed this application vide Section. 482 of
B.N.S.S.”
4. It is the case of leaned counsel appearing for the Applicant
that the Deceased Vivek Shankar Gatane has some transactions
with Omkar Raut with whom the Applicant was working. He
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submitted that on instructions of said Omkar Raut, certain amount
has been deposited in the Applicant’s account by the deceased. He
submitted that however, the Applicant is not involved in the crime
and there is no other antecedent.
5. On the other hand, Mr. Jadhav, learned APP points out the
transcript of mobile conversations between the Applicant and the
deceased which has taken place on 14 th April 2026 wherein the
deceased was abusing the Applicant and stated that huge amounts
were taken by the Applicant from the deceased on various pretexts
including that the Applicant has suffered accident etc.
6. Perusal of the record shows that the incident in question
occurred on 11th May, 2026. The suicide note, which is mainly
relied upon, concerns Omkar Raut, with whom the Applicant was
working. As far as the conversations on the mobile phone are
concerned, the same are dated 14th April 2026. As the incident has
taken place on 11th May 2026, there is no proximity between the
said conversation and the incident in question. There is no material
on record to show that any immediate incident had taken place
involving the Applicant which could have led to the commission of
the crime. There are no antecedents against the Applicant.
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7. Perusal of the record shows that the incident in question has
occurred on 11th May, 2026. The suicide note which is relied
mainly is concerning Omkar Raut with whom the Applicant was
working. As far as the conversations on mobile is concerned, it is
dated 14th April 2026. Thus, there is no proximity between the
said conversation and the incident in question. There is no
material on record to show that any immediate incident has taken
place where the Applicant is involved due to which the crime is
committed. There are no antecedents.
8. In the above circumstances, a case is made out for grant of
Anticipatory Bail by imposing certain conditions. Hence, following
order is passed:
ORDER
i. In the event of arrest, the Applicant-Aditya Sudhir Jagtap be
released on bail in C.R. No. 298 of 2026 registered with
Daund Police Station, Pune Rural, on executing P.R. bond of
Rs.30,000/- and furnishing one or two local solvent sureties
in the like amount.
ii. The Applicant shall attend the concerned Police Station on
7th September 2026 and 8th September 2026 between 11.00
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a.m. to 3.00 p.m. and thereafter as and when called by the
Investigating Officer.
iii. The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and shall
keep the same updated, in case of any change thereto.
iv. The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person acquainted
with the facts of the case so as to dissuade such a person
from disclosing the facts to the Court or to any Police
personnel.
v. The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the Complainant,
or any witness, in any manner.
9. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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