Bombay High Court
AKSHAY SANJAY THORATversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court granted anticipatory bail to the applicant with specified conditions.
Summary
The applicant, Akshay Sanjay Thorat, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No.91/2026 alleging theft of onion stock and misappropriation under Sections 318(4), 316(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Thorat, as driver, acted on instructions of the manager Gorakh Valmik Sathe to divert and unload onions at an unauthorized location, resulting in loss to Gfresh Agrotech Pvt. Ltd. The court noted that the main accusation was against the manager and that Thorat had no prior criminal record. Considering the lack of antecedents and the applicant’s cooperation, the court found the case made out for grant of anticipatory bail. Accordingly, the court ordered Thorat’s release on bail with a personal bond of Rs.20,000, sureties, and imposed conditions restricting interference with witnesses, evidence, and the investigation.
Issues considered
- Whether anticipatory bail should be granted to the driver accused under Sections 318(4), 316(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
- Whether conditions can be imposed on the anticipatory bail to safeguard the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 316(4), 318(4), 3(5)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- theft
- misappropriation
- bail conditions
- onion market
Judgment
60-ABA-2363-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARJUN CRIMINAL APPELLATE JURISDICTION
VITTHAL ANTICIPATORY BAIL APPLICATION NO.2363 OF 2026
KUDHEKAR
Digitally signed by Akshay Sanjay Thorat …Applicant
ARJUN VITTHAL
KUDHEKAR Versus
Date: 2026.08.25
12:53:27 +0530 The State of Maharashtra …Respondent
Mr. Narayan Rokade i/b Ramchandra B. Wagh, for the Applicant.
Mr. S. V. Walve, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED: 24 AUGUST 2026
PC:-
1. Heard Mr. Rokade, learned Counsel appearing for the
Applicant and Mr. Walve, learned APP, for the Respondent-State.
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.91 of 2026
registered with the Chandwad Police Station, Nashik Rural, for the
offences punishable under Sections 318(4), 316(4) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is set out in Paragraph No.2 of the
Anticipatory Bail Application, which reads as under:
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“2. On 07/03/2026, the Complainant, Gautamkumar
Javerilal Dungarwal appeared before the Respondent
Police Station and stated as under:
i. That he's aged 56 years does onion purchase and
sale business, an authorised person for Gresh
Agrotech Pvt. Ltd., Agricultural Produce Market
Committee, Chandwad,
ii. He resides at the above address with his family. His
sons, Shubham and Naman Dungarwal, have a
company named Gfresh Agrotech Pvt. Ltd., which is
a company registered with the Ministry of
Corporate Affairs. Through the said company, they
are carrying on the business of purchase and sale of
onions. They also carry on the business of purchase
and sale of onions through Jay Mahavir Adat. which
is in the name of the Complainant's wife.
iii. For the last few years, there had been a difference
in the quantity of onions purchased and sold by the
said company. The work of unloading and loading
the onion stock was being handled by Accused
No.1, Gorakh Valmik Sathe. He had been working
as a Manager for the company's transactions for the
last five years.
iv. In order to discuss the difference in the onion stock
and the decrease in income of the company and to
find measures to prevent the same, an urgent
meeting of the Board of Directors of the company
was held on 05/01/2026. In the said meeting, the
matter was discussed and measures were decided
upon. Thereafter, the persons involved in the
process of purchase and sale of onions were kept
under observation.
v. On 31/01/2026, at about 9:30 am, when the onion
auction was going on at the Agricultural Produce
Market Committee, Chandwad, Gfresh Agrotech
Pvt. Ltd. purchased red onions through Jay Mahavir
Adat. Chandwad, at the auction rate of Rs. 926/-
per quintal, as per Sale Receipt No. 127710. The
said onions were loaded in Pickup Vehicle No. MH
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15 BJ 0199, which was being driven by Accused
No.2, Akshay Sanjay Thorat.
vi. The said vehicle loaded with onions was weighed at
the weighing scale of the Agricultural Produce
Market Committee, Chandwad, on 31/01/2026 at
about 10:13 am in the name of Gfresh Agrotech Pvt.
Ltd. and Weight Receipt No. 1685 was issued.
vii. The said onion stock was required to be unloaded at
the yard of Gfresh Agrotech Pvt. Ltd., situated near
Bhairavnath Temple. However, instead of unloading
the onion stock there, Accused No.2, Akshay Thorat,
took the same Pickup Vehicle No. MH 15 BJ 0199 to
Dhage Weighing Scale at Chandwad at about 11:02
am and got it weighed as per Weight Receipt No.
7015.
viii. Thereafter, the said vehicle was taken to
Chhatrapati Trading Company, Manmad Road,
Chandwad Market Committee, Chandwad,
belonging to Accused No.3, Gopinath Pundalik
Mahale, Proprietor of Dishant Traders, who was a
license holder. The onion stock was unloaded there
by the Hamals and Maparis of the Market
Committee.
ix. Thereafter, the said Pickup Vehicle No. MH 15 BJ
0199 was again taken to Dhage Weighing Scale at
about 11:37 am for MT weighing and the weight
was recorded as 22.75 quintals. Thereafter, the
vehicle was again taken to the Agricultural Produce
Market Committee, Chandwad, for MT weighing,
where the weight was recorded as 22.70 quintals
and a weight receipt was obtained. The vehicle
thereafter came to Gfresh Agrotech Pvt. Ltd.,
Chandwad. At that time, the Complainant noticed
that the onion stock had been misappropriated and
stolen.
x. At the weighing scale of the Agricultural Produce
Market Committee, Chandwad, Accused No.1,
Gorakh, who was working as Manager, told the Co-
Manager, Rohit Shejwal, that the driver of Pickup
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Vehicle No. MH 15 BJ 0199, namely Accused No.2,
Akshay Thorat, had suffered an injury to his leg and
that the said Pickup Vehicle No. MH 15 BJ 0199 had
broken down near Salim Hotel, Chandwad.
xi. At about 12:00 noon, Rohit Shejwal was called and
his signature was obtained. Thereafter, when the
driver of the said vehicle came to the onion market
for preparing the Mapari receipt for receiving
payment for the unloaded onions, the Complainant
asked him where the onions had been unloaded.
Accused No.2, Akshay Thorat, did not give a proper
answer and gave unclear replies. He was unable to
explain where the onion stock had been unloaded.
xii. Thereafter, the Complainant took him into
confidence and made detailed inquiries with him.
During the inquiry, Accused No.2 stated that the
22.70 quintals of onions purchased by Gfresh
Agrotech Pvt. Ltd., Chandwad, had not been
unloaded at the company's yard but had been
unloaded at Chhatrapati Trading Company,
Proprietor Gopinath Mahale, Manmad Road,
Chandwad.
xiii. Accused No.2 further stated that the said onion
stock was unloaded on the instructions of Accused
No.1, Gorakh Sathe. He also stated that Accused
No.3, Gopinath Mahale, who was a license holder of
the Agricultural Produce Market Committee, was
also involved in the said act.
xiv. The Mapari, Pravin Laxminarayan Joshi, kept the
receipt relating to the said onion stock with himself
and refused to prepare the same. Since June 2025,
there had been a difference of approximately
Rs.30,00,000/- in the purchase and sale of onion
stock. Accused No.1, Gorakh Valmik Sathe, had
been working as the Manager of Gfresh Agrotech
Pvt. Ltd. for the last five years. He was being paid a
salary of Rs.12,000/- per month. It was also learnt
that he was himself carrying on the business of
purchase and sale of onions.
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xv. Accused No.1, Gorakh Valmik Sathe, had taken a
place near Chhatrapati Trading Company on
Manmad Road at Chandwad and had also
purchased expensive vehicles. The Complainant
suspected how the said Manager could have
accumulated such property while receiving a salary
of only Rs. 12,000/- per month for five years.
xvi. Due to this suspicion, the Complainant kept watch
on the activities and came to know about the
alleged theft of the onion stock. He therefore
suspected that accused No.1 was responsible for the
shortage in the company's onion stock, with accused
No.2, 3 and others helping him. The accused No.1
used to visit the company's yard at night and
misappropriate the onion stock.
xvii. The Complainant informed the Agricultural Produce
Market Committee, Chandwad. A spot panchnama
was conducted on 31/01/2026 at about 12:30 p.m.,
and a copy was given to the Complainant.
xviii. Therefore, accused Nos. 1 to 3 misappropriated the
onion stock belonging to Gfresh Agrotech Pvt. Ltd.
between June 2025 and 31/01/2026.
xix. Accordingly, on 07/03/2026, FIR bearing C.R
No.91/2026 came to be registered at Chandwad
Police Station, Nashik Rural for the offences
punishable under Section 318(4), 316(4) & 3(5) of
the Bharatiya Nyaya Sanhita, 2023.”
4. Perusal of the record shows that the main allegations are
against Accused No.1-Gorakh Valmik Sathe. Insofar as the
Applicant is concerned, he was the driver of the vehicle and who
has acted as per the directions of Accused No.1-Gorakh Valmik
Sathe.
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5. There are no other criminal antecedents against the
Applicant.
6. Thus, 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 - Akshay Sanjay
Thorat in connection with CR No.91 of 2026
registered with the Chandwad Police Station, Nashik
Rural, the Applicant is directed to be released on bail
on his furnishing PR Bond in the sum of Rs.20,000/-
with one or two solvent sureties in the like amount.
(b) The Applicant shall attend the concerned Police
Station on 1st September 2026 and 2nd September
2026 between 11:00 am and 02:00 pm and,
thereafter, as and when called by the Investigating
Officer, till filing of the Charge-sheet.
(c) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
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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.
[MADHAV J. JAMDAR, J.]
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