MOHAN LAXMAN GUPTAversusTHE STATE OF MAHARASHTRA

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          Digitally
          signed by
          KANCHAN
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN   VINOD
VINOD     MAYEKAR
MAYEKAR   Date:
          2026.08.29
          19:19:38
          +0530                        CRIMINAL APPELLATE JURISDICTION

                                 ANTICIPATORY BAIL APPLICATION NO. 2027 OF 2026

                       MOHAN LAXMAN GUPTA                                ….. APPLICANT

                             VS

                       STATE OF MAHARASHTRA                              ….. RESPONDENT

                       Adv. Sachindra B. Shetye a/w. Adv. Akshay Pansare, Adv. Atharva S.
                       Pawar, Adv. Ayush Hassabnis, Adv. Nipun Sawane for the Applicant.

                       Mr. Bapu Holambe Patil, APP for the Respondent – State.

                       Mr. Rahul T. Bhadarge, API, Borivali Police Station, Mumbai present.

                                                 CORAM : PRAFULLA S. KHUBALKAR, J.
                                                 DATE : 29TH AUGUST, 2026.

                       P.C. :-

                       1)           Heard learned counsel for the applicant as well as learned

                       APP for the respondent.

                       2)           The applicant has filed the instant application under

                       Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for

                       short ‘BNSS’) seeking pre-arrest bail in Crime No. 902 of 2026

                       registered with Borivali Police Station, Mumbai for offence under

                       Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).
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3)           Learned counsel for the applicant submits that the offence

is registered on the basis of FIR lodged by the complainant who

himself is a Chartered Accountant. It is alleged in the report that from

April 2024 till lodging of the report, the complainant has paid an

amount of Rs.45,87,500/- by cash to the applicant, on the assurance

that the applicant will give 80% of profits from the investment in his

hotel business. It is alleged in the report that although the amounts

were received by cash by the applicant, he has not returned the

amount and therefore has committed the offence of cheating.

4)           Learned counsel for the applicant submits that the offence

is registered only on the basis of alleged cash transactions about which

there is no document on record. In any case, he submits that the

commercial transactions in between the parties have been given the

colour of an offence. Learned counsel for the applicant states that in

accordance with order dated 29th July, 2026 granting interim

protection, the applicant has attended the Police Station and extended

co-operation.   He therefore states that the interim protection be

confirmed.

5)           As against this, learned APP submits that the allegation

about non-payment of the cash amount needs to be investigated. He

also states that one cheque issued by the applicant to the complainant
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has been dishonoured. Learned APP however, does not dispute the

contention that the applicant has attended the Police Station on every

Monday as directed by this Court.

6)          Perused the FIR and documents placed on record. It has

to be noted that there are bare allegations about certain cash

payments by the complainant to the applicant. There are also

allegations in the report that the amount of Rs. 3,00,000/- was paid

by certain bank transactions, however, thereafter an amount of Rs.

5,62,000/- is returned back to the complainant by calculating Rs.

62,500/- as returns from the hotel business. Thus when the

complainant has made other transactions by bank transactions, the

allegations about payment of Rs. 45,00,000/- by cash appear to be

without any basis at this stage. Considering the nature of allegations

about alleged cash payments by the complainant with respect to which

there is no receipt or any nature of document on record, at this stage,

the applicant’s custodial interrogation need not be insisted upon.

7)          Further considering the fact that the applicant has

extended co-operation in accordance with the interim protection

granted by order dated 29.07.2026, the applicant’s personal liberty

needs to be protected, subject to certain conditions. Hence, I pass the

following order :-
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                                ORDER

       (a) Anticipatory bail application is allowed.

       (b) In the event of arrest of this applicant in Crime No.

       902 of 2026 registered with Borivali Police Station,

       Mumbai for offence under Section 318(4) of the BNS,

       he be released on bail on furnishing P.R. Bond of

       Rs.25,000/- with one solvent surety in the like amount.

       (c) The applicant is directed to attend the police

       station as and when called upon by the Investigating

       Agency till filing of the charge-sheet.

       (d) The applicant shall not tamper with the witnesses

       in any manner.

8)          Anticipatory bail application is allowed and disposed of in

above terms.



                                         [PRAFULLA S. KHUBALKAR, J.]