Bombay High Court
PRIL @ PRET RAJKUMAR JAINversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted anticipatory bail to the applicant with stringent conditions.
Summary
The applicant, Pril @ Preet Rajkumar Jain, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a theft case (C.R. No. 599 of 2024) involving stolen BSNL cable. The prosecution alleged that the applicant and his father purchased the stolen property, which was later recovered, and the offences were punishable under Sections 3(5) and 303(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant contended that he was not involved in the crime, had no criminal antecedents, and was implicated only because of allegations against his father. The State opposed bail, arguing that the applicant had participated in the purchase of the stolen goods. The court examined the record, noted that the primary accusations were against the father who had already been released on regular bail, and found no adverse material against the applicant. Consequently, the court granted anticipatory bail with strict conditions, directing the applicant to furnish a bond and comply with reporting and non‑interference directives.
Issues considered
- Whether anticipatory bail can be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite allegations of purchasing stolen property
- Whether the applicant's alleged involvement warrants denial of bail in view of the father’s primary culpability and recovery of the stolen property
- Appropriate conditions to be imposed if anticipatory bail is granted
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 3(5)
Subjects
- anticipatory bail
- Section 482
- theft of telecom cable
- purchase of stolen property
- bail conditions
- criminal procedure
Judgment
911 ABA-2395-2026.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2395 OF 2026
Pril @ Preet Rajkumar Jain …Applicant
Vs.
The State of Maharashtra …Respondent
Mr. Chetan Deshmukh, for the Applicant.
Ms. Savita M. Yadav, APP for the Respondent-State.
Mr. Samseer Siddique, for Respondent No.2-Intervener.
API Sachin Powar, Panvel City Police Station.
CORAM: MADHAV J. JAMDAR, J.
DATE : 9th SEPTEMBER, 2026
P. C.:
1. Heard Mr. Deshmukh, learned counsel appearing for the
Applicant and Ms. Yadav, learned APP appearing for the State.
2. By this application filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-
arrest bail in connection with C.R. No. 599 of 2024 registered with
Nashik Road Police Station, Nashik City for the offences punishable
under Sections 3(5) and 303(2) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case is set out in paragraph No. 6 of order
dated 6th August 2026 passed by learned Addl. Sessions Judge,
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Nashik Road in Criminal Bail Application No. 329 of 2026. The
said paragraph No. 6 reads as under :
“6 As per FIR, in between 01:00 AM and 03:00 AM
on November 6, 2024, the complainant's BSNL UG
(Jelly-filled Underground) cable, located near the
Chhatrapati Maharaj statue in Nashik Road, was
stolen. The theft was committed by break opening a
BSNL cement chamber, near Suresh Kirana Store
(opposite the Nashik-Road flyover); the accused,
including the operator of a 'Hydra' (crane) bearing
the name 'S.S. Thorat,' acted in collusion and with
dishonest intent, removing the cable without the
informant's consent. Accordingly, FIR was lodged for
the offences punishable under aforesaid Sections.”
4. It is the submission of learned counsel appearing for the
Applicant that the Applicant is not involved in the crime and has
been implicated merely because the allegations are made against
his father, who is Accused No. 6. It is further submitted that the
Applicant is not concerned with the business carried on by his
father. The only allegation against the Applicant is that his father
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had purchased the stolen property. He submits that the entire
stolen property has been recovered. He further submits that there
are total 11 accused, out of which 6 accused have been released on
bail. He submits that the Applicant has no criminal antecedents
and is a young person aged 27 years. He, therefore, submits that
the Anticipatory Bail Application be allowed.
5. On the other hand, learned APP strongly opposes the
application. She submits that the Applicant, along with the co-
accused, i.e. his father, had purchased the stolen property and,
therefore, the Anticipatory Bail Application be dismissed.
6. Perusal of the record shows that the main allegations are
against the father of the present Applicant, who is a co-accused.
The father of the Applicant has been released on regular bail. The
entire stolen property, which, as per the prosecution case, was
purchased by the Applicant and his father, has been recovered.
There are no other criminal antecedents against the Applicant.
7. Accordingly, the case is made out for grant of Anticipatory
Bail by imposing strict conditions. In view thereof, the following
order is passed:
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ORDER
(a) In the event of arrest of the Applicant-Pril @ Preet
Rajkumar Jain in C.R. No. 599 of 2024 registered with
Nashik Road Police Station, Nashik City, the Applicant
is directed to be released on bail on his furnishing P.R.
Bond in the sum of Rs.30,000/-, with one or two
solvent sureties each in the like amount.
(b) The Applicant shall attend the concerned Police
Station as and when called by the Investigating
Officer.
(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
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
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Complainant or any witness in any manner.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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