DIGVIJAYSINGH PRAVINSINGH RAJPUTversusTHE STATE OF MAHARASHTRA

                                                       920 ABA-2332-2026.DOC
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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2332 OF 2026
Digvijaysingh Pravinsingh Rajput                             …Applicant
            Vs.
State of Maharashtra                                         …Respondent


Mr.Vikas Shivarkar, for the Applicant.
Mr. S.S. Ghag, APP for the Respondent-State.


                       CORAM:        MADHAV J. JAMDAR, J.
                       DATE :        11th SEPTEMBER, 2026
P. C.:

1.       Heard Mr. Shivarkar, learned counsel appearing for the

Applicant and Mr. Ghag, learned APP for the State.


2.       By this application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-

arrest bail in connection with C.R. No. 335 of 2026 registered with

Sangvi     Police   Station,   Pimpri-Chinchwad        for    the   offences

punishable under Sections 316(4) and 318(4) of the Bharatiya

Nyaya Sanhita, 2023.


3.       It is submitted by learned counsel for the Applicant that the

Applicant is not involved in the crime. The account in which the

amounts are alleged to be deposited is opened when the father of


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the First Informant was looking after the medical shop namely,

Lotus Drugs Store.         He submits that the Applicant has no

antecedents    and   the    Applicant     will   co-operate     with   the

investigation and therefore the anticipatory bail be granted.



4.    On the other hand, Mr. Ghag, learned APP submits that the

offence is very serious. He relies on the statement of Vikas Sunil

Gaikwad dated 20th May 2026 and submits that the Applicant is

involved in very serious crime.



5.    The prosecution case is set out in paragraph No.2 of the

order dated 6th August 2026 passed by the learned District Judge-3

and Addl. Sessions Judge, Pimpri, Pune in Criminal Bail

Application No. 991 of 2026 which read as under :-


      2.      It is the contention of the informant that the

      accused was employed in his shop named Lotus Drugs

      Store with him from 2019 to 2026. It is the case of the

      informant that amount of Rs. 52,54,532/- which was

      collected out of sale of medicine was transferred by the

      accused in his HDFC account No. 50100310836740. It

      is further alleged that the cash amount of Rs.



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      33,60,765/- collected out of sale of medicine was also

      misappropriated. It is alleged that total amount of Rs.

      73,21,794/- was misappropriated by the present

      applicant. Cr. No. 335/2026 was registered for the

      offences punishable under Sections 316(4), 318(4) of

      the BNS, 2023 on the report of Dr. Shivdarshan

      Mohanlal Agarwal.”


6.    Perusal of the record shows that the First Informant is a

Doctor by profession and conducing an Hospital namely Lotus

Multi Speciality Hospital and Lotus Drugs Store. The said Lotus

Drugs Store, which is a medical shop, is a part of said Lotus Multi

Speciality Hospital.   The Applicant is working with the First

Informant since the year 2013 on a salary of Rs.25,000/- and

commission of 3% if sale exceeds Rs.5 Lakh per month and

commission of 5% if sale exceeds Rs.10 Lakh per month. As the

First Informant was having some doubt about the Applicant, he has

instructed Vikas Sunil Gaikwad, who has been working as a Public

Relation Officer in the hospital to also look after the said Lotus

Drugs Store. Accordingly, he was doing the same since January

2026. At that time, he has noticed that in the said medical store,




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payment of bills are accepted on two QR codes. Therefore, he

collected the information from the accountant of the hospital and

he was informed that as far as medical store is concerned, there is

only one QR Code. He further came to know that another QR

Code is in the name of the Applicant and the Applicant was

accepting the payment for purchase of medicines in his own

account.   Accordingly, during the period of February 2019 to

January 2026, he has received total payment of Rs.52,54,532/- as

also total cash amount received of Rs. 33,60,765/- was also not

deposited with the hospital. Thus, this is a very serious case where

the offence is under Sections 316(4) and 318(4) of the Bharatiya

Nyaya Sanhita, 2023 of criminal breach of trust.



7.    The Supreme Court in the decision of Nitin Jagannath Shetty

alias Nikita Vishwajeet Jadhav Vs. State of Maharashtra 1 has held

that the anticipatory bail is an exceptional remedy and ought not

to be granted in a routine manner. There must exist strong reasons

for extending indulgence of this extraordinary remedy to a person

accused of grave offence. It has been further held that while

exercising power to grant pre-arrest bail, the Court has to be very


1     5 (2025) SCC OnLine SC 1489


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cautious as the grant of interim protection or protection to the

accused in serious cases may lead to miscarriage of justice and may

hamper the investigation to a great extent as it may sometimes

lead to tampering or distraction of the evidence.



8.    In the decision of State Vs. Anil Sharma2,          the Supreme

Court, while setting aside the order of pre-arrest bail granted by

the High Court of Himachal Pradesh has held that custodial

interrogation is qualitatively more elicitation oriented than

questioning a suspect who is well ensconded with a favourable

order under Section 438 of Cr.P.C. It has been held that effective

interrogation of suspected person is of tremendous advantage in

disintering many useful information and also materials which

would have been concealed. Success in such interrogation would

elude if the suspected person knows that he is well protected and

insulated by a pre-arrest bail order during the time he is

interrogated. It has been further held that very often interrogation

in such a condition would reduce to a mere ritual.




2     (1997) 7 SCC 187


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9.    In the facts and circumstances, no case is made out for grant

of Anticipatory Bail. Accordingly the Anticipatory Bail Application

is dismissed.



10.   The observations in this order are made for considering the

present Anticipatory Bail Application. The learned Trial Court shall

not be influenced by any of the observations made hereinabove

and shall decide the case on its own merits.


                                           [MADHAV J. JAMDAR, J.]




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