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Bombay High Court

RAJESHREE SUDAM CHIKHALE(RAJASHREE SUDAM CHIKHALE)versusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The court held that anticipatory bail should be granted as the allegations do not constitute a sufficient ground to deny bail and the applicant is willing to cooperate with the investigation.

Summary

The applicant, Rajashree Sudam Chikhale, the wife of co‑accused Bunty Mahadik, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail for alleged offences under Sections 318(4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Rs 13,65,000 was deposited in her bank account and promptly transferred to the informant, suggesting her participation in a fraud scheme. The applicant contended she had no involvement, possessed no criminal antecedents, and would cooperate with the investigation. The court examined the prima facie case, noted the lack of direct evidence against her, and considered her willingness to cooperate. Consequently, the court granted anticipatory bail with a cash bond and several conditions, including reporting to police and refraining from influencing witnesses.

Issues considered

  • Whether anticipatory bail can be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite allegations of involvement in fraud.
  • Whether the material on record establishes a prima facie case sufficient to deny bail.
  • Whether the applicant’s personal circumstances and lack of prior criminal record warrant the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • fraud
  • money transfer
  • co‑accused
  • bail conditions
  • criminal procedure

Judgment

                                                                        08-ABA-2223-2026.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

         Digitally            ANTICIPATORY BAIL APPLICATION NO.2223 OF 2026
         signed by
         ARJUN
         VITTHAL
ARJUN
VITTHAL  KUDHEKAR     Rajeshree Sudam Chikhale                            …Applicant
KUDHEKAR Date:
         2026.09.07
         21:06:02
                      (Rajashree Sudam Chikhale)
         +0530
                            Versus
                      The State of Maharashtra & Anr.                     …Respondents


                      Ms. Mehjabeen Qureshi, for the Applicant.
                      Ms. S. M. Yadav, APP, for the Respondent-State.
                      API Prakash K. Rathod, Yerawada Police Station, Pune City,
                      present.


                                            CORAM:       MADHAV J. JAMDAR, J.
                                            DATED:       07 SEPTEMBER 2026
                      PC:-


                      1.      Heard Ms. Qureshi, learned Counsel appearing for the

                      Applicant and Ms. Yadav, learned APP, for the Respondent-State of

                      Maharashtra.



                      2.      By this Anticipatory Bail Application filed under Section 482

                      of the Bharatiya Nagarik Suraksha Sanhita, 2023 , the Applicant is

                      seeking pre-arrest bail in connection with CR No.187 of 2026

                      registered with the Yerawada Police Station, Pune City, for the

                      offences punishable under Sections 318(4), 316(2) and 3(5) of the

                      Bharatiya Nyaya Sanhita, 2023.




                                                      Page 1
                      Arjun
                                                 08-ABA-2223-2026.DOC




3.      It is the submission of Ms. Qureshi, learned Counsel for the

Applicant, that the Applicant is not involved in the crime. She

submits that the Applicant is the wife of the Co-Accused-Bunty

Mahadik, who has been arrested and is presently in custody. She

submits that the said Co-Accused-Bunty Mahadik had used the

Applicant’s account, into which an amount of Rs.13,65,000/- was

deposited. She further submits that thereafter the said amount was

immediately transferred to the account of one Aparna Arun Patil,

who is the First Informant in FIR No.177 of 2025 registered with

Charkop Police Station, Mumbai City. She submits that the said

First Informant-Aparna Arun Patil has also filed a Complaint

against the Co-Accused-Bunty Mahadik, who is the husband of the

present Applicant, alleging that the said Co-Accused had taken an

amount of Rs.50,00,000/- from her.



4.      On the other hand, Ms. Yadav, learned APP strongly opposes

the Anticipatory Bail Application. She submits that the Applicant is

involved in the crime as the said amount of Rs.13,65,000/- has

been deposited in the account of the Applicant. She, therefore,

submits that the Anticipatory Bail Application be dismissed.




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Arjun
                                                   08-ABA-2223-2026.DOC




5.       The prosecution case is set out in Paragraph No.5 of the

Order dated 1st July 2026 passed by the learned Additional

Sessions Judge, Pune in Criminal Bail Application No.2804 of

2026, which reads as under:


        “5.     From the appreciation of matter on record, it
        appears that, C.R. No.187/2026 is registered at Yerwada
        Police Station, Pune for the offences punishable under
        Sections 316(2), 318(4), 204, 336, 337, 3(5) of BNS.
        From the FIR and the material on record, it appears that,
        applicant is the wife of co-accused Bunty Mahadik and
        co-accused and applicant in furtherance of their common
        intention, allured informant and victim to make
        investment by misrepresenting that he will get good
        returns and for that purpose, induced the informant and
        victim to deliver certain amount in the account of
        applicant. ...”

6.       Perusal of the record shows that the main allegations are

against the Co-Accused - Bunty Mahadik, who is the husband of

the     present   Applicant.   Admittedly,   the   said   amount    of

Rs.13,65,000/- which was deposited in the account of the

Applicant has been immediately transferred to the account of said

Aparna Arun Patil, who has filed the FIR against the Co-Accused

i.e. Bunty Mahadik.



7.       The Applicant is a woman. There are no other criminal

antecedents against the Applicant.



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                                                     08-ABA-2223-2026.DOC




8.      Ms. Qureshi, learned Counsel for the Applicant, states that

the Applicant will cooperate with the investigation.



9.      Accordingly, 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 - Rajeshree

              Sudam Chikhale (Rajashree Sudam Chikhale) in

              connection with CR No.187 of 2026 registered with

              the Yerawada Police Station, Pune City, the Applicant

              is directed to be released on bail on her furnishing PR

              Bond in the sum of Rs.10,000/- with one or two

              solvent sureties in the like amount.

        (b)   The Applicant shall attend the concerned Police

              Station on 21st September 2026 and 22nd September

              2026 between 11:00 am and 02:00 pm and,

              thereafter, as and when called, till filing of the Charge-

              sheet.

        (c)   The Applicant shall furnish her cell phone number and

              residential address to the Investigating Officer and




                                 Page 4
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                                                   08-ABA-2223-2026.DOC




              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.


10.     The Anticipatory Bail Application is disposed of accordingly.




                                           [MADHAV J. JAMDAR, J.]




                                 Page 5
Arjun


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