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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 204, 316(2), 318(4), 336, 337, 3(5)
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.
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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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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
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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.]
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