KISHOR VINAYKRAO BHARDEversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:38693




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                 ANTICIPATORY BAIL APPLICATION NO. 2280 OF 2025

                                       Kishor Vinaykrao Bharde
                                               VERSUS
                                       The State Of Maharashtra

           Mr. S. J. Salunke h/f Mr. R. A. Deshmukh, Advocate for applicant
           Ms. P. J. Bharad, APP for respondent-State

                                                     CORAM       : R. M. JOSHI, J.
                                                     DATE        : 27th AUGUST, 2026

           PER COURT :-

           1.           Applicant seeks pre-arrest bail in connection with Crime No.

           0219 of 2025 registered with Beed City Police Station, Dist. Beed, for the

           offences punishable under Sections 318(4), 316(2) read with Section

           3(5) of the Bharatiya Nyaya Sanhita.


           2.           The    First   Information    Report    (FIR)   indicates      that     the

           applicant is the revaluer and re-assessor of gold pledged by bank

           customers. There is allegation that in respect of 10 customers fake gold

           ornaments were kept by way of mortgage with the bank. This was

           formed when the valuation of the said gold was done again. There is

           allegation   that   there    is   misappropriation    to     the   extent     of     Rs.

           1,36,25,000/-.


           3.           Learned counsel for the applicant submits that the applicant



           917-ABA-2280-2025.odt                                                              1 of 3
was the re-assessor of the gold ornaments. However, in order to verify

the said gold ornaments before their removal from the locker, a notice

was required to be given to the applicant. Unless notice is given,

applicant cannot be held responsible for change if any in the gold

ornaments.


4.           Learned APP opposed the application by contending that

having regard to the responsibility of the applicant to assess/valuate the

gold, he has failed in discharging the said duty and, therefore, he is in

collusion with the co-accused as committed misappropriation to the

extent of more than one crore.


5.           During the course of hearing, a specific query was made to

learned APP to point out as to whether any notice was given to the

applicant before re-verification of the gold ornaments. On written

instructions from the Investigating Officer, it is specifically stated that no

such notice was given to the applicant. Even though such notice was not

there, there has to be evidence to show that atleast in the presence of

Panch Witnesses, record or sealed envelope contending the ornaments

are open. The investigation papers do not indicate any such evidence.

Having regard to the said facts, this Court finds substance in the

contention of the learned Counsel for the applicant that this could be a

case of false implication of the applicant in the crime.



917-ABA-2280-2025.odt                                                    2 of 3
6.                  In any case in order to attribute any offence against the

applicant, it was absolutely necessary for the bank to issue notice to the

applicant and in case after service of such notice, applicant remains

absent, then it was open for the bank to verify the ornaments in its

absence. This Court finds no reason not to protect liberty of the

applicant. Hence, the order :-

                                         ORDER

              (i)      Application is allowed.

              (ii)  In the event of arrest of applicant in connection
              with Crime No. 0219 of 2025 registered with Beed City
              Police Station, Dist. Beed, for the offences punishable
              under Sections 318(4), 316(2) read with Section 3(5)
              of the Bharatiya Nyaya Sanhita, he shall be released on
              bail on furnishing PR Bond of Rs.15,000/- (Rupees
              Fifteen Thousand only) with one solvent surety in the
              like amount.

              (iii) He shall attend the concerned police station as
              and when called by Investigating Officer.

              (iv) He shall not contact the witnesses directly or
              indirectly.

              (v) He shall not interfere with the evidence in any
              manner whatsoever.

              (vi) He is further directed to cooperate            the
              investigating agency for further investigation.



                                                         (R. M. JOSHI, J.)

B. S. Joshi




917-ABA-2280-2025.odt                                                   3 of 3