Bombay High Court

PRASHANT RAJU JADHAVversusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

The court granted anticipatory bail to the applicant with specified conditions.

Summary

The applicant, Prashant Raju Jadhav, applied for anticipatory bail in connection with a criminal case alleging offences under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Information Technology Act. He was accused of accompanying another accused to withdraw Rs.5 lakh, which was allegedly handed to him, though he claimed no money was received and he had cooperated with the investigation, even surrendering his mobile phone. The State argued that a larger fraud of Rs.3.57 crore had occurred and sought his surrender of the phone for further inquiry. The court noted the applicant’s cooperation, the lack of evidence of receipt, and the State’s concession that custodial interrogation was unnecessary. Consequently, the court granted anticipatory bail subject to a personal bond of Rs.50,000, conditions to cooperate with the investigation, provide address details, and not tamper with evidence, and disposed of the application.

Issues considered

Whether anticipatory bail should be granted to the applicant given the alleged offences under BNSS and the IT Act.
Whether the applicant’s cooperation and lack of evidence of receipt of money justify bail.
Whether custodial interrogation of the applicant is required.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 316(2), 318(4), 3(5), 351(2), 35(3)
Information Technology Act, 2000 — s. 43, 66(C), 66(D)

Subjects

anticipatory bail
cooperation with investigation
fraud
cybercrime
BNSS
IT Act
bail conditions
investigating officer

Judgment

18-ABA-202-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 202 OF 2026
Prashant Raju Jadhav ...Applicant
Versus
The State of Maharashtra ...Respondent
__________________________________________________________
Mr. Parvez Nadaf, Advocate for the Applicant.
Mrs. S. N. Deshmukh, APP for the Respondent – State.
WAPI Pawar, Rajarampuri Police Station, is present.
__________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
DATE : 8th September, 2026.
P.C. :
1. Heard Mr. Parvez Nadaf, learned Advocate for the Applicant

and Mrs. S. N. Deshmukh, learned APP for the Respondent – State.

2. By the present Application present application, the Applicant

has sought for the following substantive relief in terms of prayer clause

(A) :-

A. That this Hon'ble Court may kindly grant
anticipatory bail to the Applicant in the event of arrest in
connection with C.R. No. 378/2025 registered with
Rajarampuri Police Station, District Kolhapur, for offences
punishable under Sections 316(2), 318(4), 351(2) read with
3(5) of BNSS and Sections 66(C), 66(D) and 43 of the IT Act,
2000, on such terms and conditions as this Hon'ble Court
deems fit and proper.

3. On 24th August 2026, the following order was passed :-

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18-ABA-202-2026.doc

1. Heard Mr. Nadaf, learned counsel for the Applicant and
Mrs. Deshmukh, learned A.PP. for the Respondent-State.

2. Learned Advocate for the Applicant submits that the only
allegation against the Applicant is that he accompanied Accused
No. 9 to the bank for withdrawal of an amount of Rs.
5,00,000/-. He further submits that it is alleged that the said
amount was given to him. He further submits that a notice
under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita
(for short, "B.N.S.S.") was issued to the Applicant, in compliance
with which the Applicant attended the police station on 22 nd
July 2025 and has cooperated with the investigation. He submits
that no amount has been deposited in his bank account and that
he is not the beneficiary of any amount.

3. Learned A.P.P. submits that the total fraud involved is Rs.
3,57,23,000/-, wherein the first informant was cheated by way
of a "digital arrest" and induced to deliver the said amount. On a
specific query being put to the learned A.PP. as to whether any
amount was received in the bank account of the present
Applicant, the learned A.PP., on instructions, stated that no
amount has been transferred to the bank account of the present
Applicant. Learned A.PP. further submits that the Applicant be
directed to surrender his mobile phone for the purpose of
investigation.

4. There is no dispute as to the fact that the Applicant has
cooperated with the investigation and appeared in pursuance of
the notice under Section 35(3) of the B.N.S.S.

5. Learned A.P.P. seeks time to take instructions. At her
request, stand over to 30th April 2026.

6. Considering the above facts, there shall be interim
protection in terms of prayer clause (B).

7. The Applicant is directed to remain present before the
Investigating Officer on 27th April 2026 between 11:00 a.m. and
2:00 p.m., and shall surrender his mobile phone to the
Investigating Officer for the purpose of investigation.

4. Mrs. S. N. Deshmukh, learned APP for the Respondent – State,

submits that the Applicant has surrendered his mobile, given all the

details of his Bank and has cooperated with the investigation in Crime

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No. 378 of 2025. She therefore, on instructions from the Investigating

Officer, Rajarampuri Police Station, states that the custodial

interrogation of the Applicant in Crime No. 378 of 2025, is not required.

She however submits that the Applicant should co-operate with the

investigation in Crime No. 378 of 2025 and appear before the

Investigating Officer, Rajarampuri Police Station as and when required.

5. Mr. Parvez Nadaf, learned Advocate for the Applicant, states that

the Applicant has co-operated with the investigation in Crime No. 378

of 2025 and shall continue to co-operate with the investigation and

shall appear before the Investigating Officer, Rajarampuri Police Station,

as and when required by the Investigating Officer.

6. In view of the statement made by Mrs. S. N. Deshmukh, learned

APP for the Respondent – State, that the custodial interrogation of the

Applicant is not required in Crime No. 378 of 2025, this Application is

allowed by confirming the order dated 24.04.2026 and making the

same absolute with the following additional condition:-

(a) In the event of arrest of the Applicant in C.R.

No. 378 of 2025, registered with Rajarampuri Police

Station, the Applicant shall be released on bail on

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furnishing a PR bond in the sum of Rs. 50,000/-

(Rupees Fifty Thousand only) with one or two local

sureties in the like amount.

(b) The Applicant shall co-operate with the

investigation in Crime No. 378 of 2025 and shall

appear before the Investigating Officer, Rajarampuri

Police Station, as and when required by the

Investigating Officer in Crime No. 378 of 2025.

Officer with his residential address along with proof,

his contact number, email and must inform the

Investigating Officer of any changes to this

information from time to time.

(d) Applicant shall not tamper with evidence in

any manner

7. Anticipatory Bail Application No. 202 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.09
20:13:19
+0530
Arjun 4

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