Bombay High Court

VINOD GITARAM DAUNDversusTHE STATE OF MAHARASHTRA

Decided: 19 August 2026
Disposal: Allowed

Holding

The Court held that anticipatory bail should be granted to the applicant under Section 482 of the BNSS.

Summary

The applicant, Vinod Gitaram Daund, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a criminal case alleging fraud and intimidation related to a Rs.1.20 crore loan scheme. The FIR primarily implicates accused No.1 and her husband, while the applicant is alleged only to have verbally abused the complainant's mother‑in‑law when a demand for repayment was made. No prior criminal antecedents against the applicant were recorded. The court examined the applicability of Section 482 to prevent undue arrest and considered the nature of the alleged conduct under Sections 3(5), 318(4), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, as well as Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors Act, 1999. Finding that the case against the applicant was weak and that anticipatory bail was appropriate, the court granted bail with standard conditions. The order directs the applicant to furnish a bond, report to police regularly, and refrain from influencing witnesses or tampering with evidence.

Issues considered

Whether the applicant's alleged conduct warrants denial of anticipatory bail under the offences charged.
Whether Section 482 of the BNSS can be invoked to grant anticipatory bail in this circumstance.
Whether the allegations against the applicant constitute offences under Sections 3(5), 318(4), 351(2) and 352 of the BNS.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 3(5), 351(2), 352
Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — s. 3, 4

Subjects

anticipatory bail
Section 482
fraud
depositors protection act
criminal procedure
bail conditions
Maharashtra

Judgment

908-ABA-2119-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2119 OF 2026

Vinod Gitaram Daund …Applicant
Versus
The State of Maharashtra …Respondent

Mr. Rudra Tibhe, for the Applicant.
Mr. S. V. Walve, APP, for the Respondent-State.

CORAM: MADHAV J. JAMDAR, J.
DATED : 19th AUGUST 2026
PC:-

1. Heard Mr. Tibhe, learned Counsel appearing for the

Applicant and Mr. Walve, learned APP appearing for the

Respondent-State.

2. This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail

in connection with C.R. No.412 of 2026 registered with Ambad

Police Station, Nashik, for the offences punishable under Sections

3(5), 318(4), 351(2) and 352 of the Bharatiya Nyaya Sanhita,

2023 (“BNS”).

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908-ABA-2119-2026.DOC

3. It appears that the provisions of Sections 3 and 4 of the

Maharashtra Protection of Interest of Depositors (in Financial

Establishments) Act, 1999 have also been subsequently invoked.

4. The prosecution case is set out in a chart tendered by Mr.

Tibhe, learned Counsel appearing for the Applicant, which reads as

under:

“That from 19/06/2025 to the present, at Rana
Pratap Chowk (CIDCO, Ambad, Nashik) and other
locations, accused no.1 along with her husband
(accused no.3) and a man she regarded as her
brother (accused no.2) acted in collusion with the
informant and they gained the trust of informant
and other women by forming women’s self-help
groups-specifically the ‘Om Sai Bachat Gat’- and
promising informant and others to secure a business
loan of Rs.1.20 crore. That accused persons claimed
that this loan would be sanctioned by Arihant
Microfinance (Chennai) through one Sundarappa
Shetty. That in order to facilitate accused persons
business activities they took a total of Rs.18,53,000
from informant comprising Rs.3,11,000 transferred
online via Phonepe and Rs.15,42,000 in cash, along
with gold jewellery weighing approximately 4 tolas,
under the pretext of sanctioning a loan. However,
the accused persons failed to sanction any loan and
have not returned the money or the gold jewelry or
the gold jewelry till date to the informant, thereby
defrauding informant of Rs.18,53,000/- and other
women of approximately Rs.3 to Rs.4 crore.
Furthermore, when informant’s mother-in-law.
Shashikala Ramesh Zhite, and Informant demanded

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908-ABA-2119-2026.DOC

the return of money, from accused no.3 and accused
no.2 they threatened to kill them.”

5. Perusal of the FIR shows that the main allegations are

against accused No.1 and the amounts are also received by the

accused No.1. The only role attributed to the present Applicant,

who is treated as brother by the accused No.1 is that he has abused

the First Information and her mother-in-law when both of them

went to the accused No.1 and her husband i.e. accused No.2

seeking that the amount invested by them be returned to them.

There are no other antecedents against the Applicant.

6. Accordingly, the case is made out for grant of Anticipatory

Bail. In view thereof, the following order is passed:

ORDER

(a) In the event of arrest of the Applicant-Vinod Gitaram

Daund in connection with C.R. No.412 of 2026

registered with the Ambad Police Station, Nashik, the

Applicant is directed to be released on bail on his

furnishing P.R. Bond in the sum of Rs.50,000/- with

one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police

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908-ABA-2119-2026.DOC

Station on every Monday between 11:00 a.m. to 02:00

p.m. till filing of the chargesheet and shall cooperate

with the investigation. In addition, the Applicant shall

attend the concerned Police Station as and when

called.

residential address to the Investigating Officer and

shall keep the same updated, in case of any change

thereto.

(d) 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.

(e) The Applicant shall not tamper with the prosecution

evidence and shall not contact or influence the

Complainant or any witness in any manner.

7. The Anticipatory Bail Application is disposed of accordingly.

Digitally [MADHAV J. JAMDAR, J.]
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.08.24
11:02:33
+0530
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