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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

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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