Bombay High Court
MINAKSHI ROHIT NAGDEV @ MINAXI RAMESHCHANDRA PALLOD AND ANRversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
The court allowed the anticipatory bail application, subject to specified conditions.
Summary
The applicants, relatives of the main accused in a cheating case involving a Rs.2.77 crore hand loan, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The FIR alleged that the main accused misrepresented his need for money, while the applicants were only alleged to have been present with him at certain times. The applicants cooperated with the investigation and had previously obtained interim protection from the court on 24 July 2026. The State opposed bail, arguing the seriousness of the alleged cheating. Considering the limited role attributed to the applicants, their cooperation, and the interim protection, the court confirmed the interim order and granted anticipatory bail with conditions, including a personal bond and surety, attendance at the police station, and a prohibition on pressurising witnesses.
Issues considered
- What is the appropriateness of granting anticipatory bail to the applicants under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the allegations of their presence with the main accused in a cheating case?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5)
Subjects
- anticipatory bail
- cheating
- loan fraud
- cooperation with investigation
- bail conditions
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
914-ABA-1967-2026.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1967 OF 2026
Minakshi Rohit Nagdev @ Minaxi …Applicants
Rameshchandra Pallod And Anr.
Versus
The State of Maharashtra …Respondent
Adv. Siddharth Mehta a/w Adv. Aman Bhide, for the Applicants.
Ms. Poonam P. Bhosale, A.P. P., for the Respondent – State.
API Suraj Raut, Rabodi Police Station, Thane, is present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 1ST SEPTEMBER 2026
P.C:-
1. Heard learned counsel for applicants as well as learned
APP for respondent – State.
2. The applicants are apprehending arrest in connection with
Crime No. 82 of 2026 dated 21.04.2026, registered with
Rabodi Police Station, Thane, for the offence punishable under
Sections 316(2), 318(4) read with Section 3(5) of The
Bharatiya Nyaya Sanhita, 2023.
3. The applicants have filed instant application under
Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023
seeking pre-arrest bail.
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4. The FIR is registered on the basis of a report lodged by
complainant alleging that during the period from 19.12.2024 to
21.04.2026 he had advanced hand loan of total amount of
Rs. 2,77,00,000/- to the accused no.1. It is alleged that on the
basis of certain misrepresentation made by the accused no.1
showing need for amount, the complainant has given hand loan
from time to time to the accused No.1. On the basis of the
allegations that at some point of time this applicant was also
present with accused no.1, the FIR is registered against three
accused persons. The applicant no.1 (accused no.3) is wife of
accused no.1 Rohit Nagdev and applicant no.2 (accused No.3) is
father-in-law of accused no.1. It is stated that accused no.1 is in
custody .
5. Learned counsel for applicants submits that the only
allegations against these applicants are about their presence
with accused no.1 at some point of time when he had
demanded hand loan from the complainant. He submits that the
applicant no.1 is a teacher by profession who is serving at Pune
and applicant no.2 is also residing at Pune. He states that even
the promissory note allegedly given in favour of the complainant
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is singed only by accused no.1. He also states that in view of the
interim protection granted by this Court by order dated
24.07.2026, the applicants have attended the police station and
have joined the investigation. He therefore, prays for
confirmation of interim protection.
6. As against this, learned APP for respondent – State
opposed the application and submitted that the complainant has
been cheated for huge amount of Rs. 2,77,00,000/-. It is also
submitted that there are allegations about presence of these
applicants with accused no.1 when the amounts were
demanded by accused no.1. However, there is no dispute that
the applicants have attended police station in accordance with
the interim protection granted by this Court.
7. Considering the allegations in the FIR, it appears that the
main role of inducement and cheating is against accused no.1
Rohit Nagdev. The role attributed to these applicants is about
their presence with accused no.1 at some point of time.
Considering the fact that these applicants have joined the
investigation and have extended co-operation, the interim
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protection granted by order dated 24.07.2026 needs to be
confirmed, subject to certain conditions.
8. Hence, I pass following order :-
ORDER
(i) The Anticipatory Bail Application is allowed.
(ii) In the event of arrest of the applicants in
Crime No. 82 of 2026, registered with Rabodi
Police Station, Thane, for the offence
punishable under Sections 316(2), 318(4)
read with Section 3(5) of The Bharatiya Nyaya
Sanhita, 2023, they be released on bail on
furnishing P. R. Bond of Rs. 25,000/- (Rupees
Twenty Five Thousand only) each, with one
solvent surety of the like amount.
(iii) The applicants shall attend the police station
as and when called upon by the investigating
agency, till filing of the chargesheet.
(iv) The applicants shall not directly or indirectly
pressurize the prosecution witnesses.
(v) Breach of any of these conditions, shall be a
ground for cancellation of the bail.
9. Anticipatory Bail Application is disposed of in above
terms.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
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