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Bombay High Court

ANIKET MANISH BHAGATversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Anticipatory bail was granted to Aniket Manish Bhagat subject to specified conditions.

Summary

The High Court considered an anticipatory bail application filed by Aniket Manish Bhagat under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with alleged violations of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 and the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Bhagat acted as an agent who collected Rs. 2 crore from investors and handed it over to the main accused, Pravin Patil, but the charge‑sheet contained no documentary evidence to substantiate this claim and Bhagat’s name appeared only in a witness statement that was not incriminating. Bhagat argued that the material against him was insufficient, that his antecedents were unrelated, and that he had taken a bank loan to repay investors, indicating no participation in the fraud. The State opposed bail, contending that custodial interrogation was necessary to ascertain Bhagat’s role. The Court held that, given the lack of concrete evidence, the applicant’s willingness to cooperate, and the principle of preventing undue harassment, anticipatory bail could be granted subject to strict conditions. Accordingly, the Court ordered Bhagat’s release on bail with a personal bond and a series of reporting and conduct conditions.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations and the material on record.
  • Whether the prosecution has produced sufficient incriminating evidence against the applicant to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • financial fraud
  • depositor protection
  • Section 482
  • bail conditions
  • Maharashtra Protection of Interest of Depositors Act
  • Bharatiya Nyaya Sanhita
  • cooperation with investigation

Judgment

                                                     918 ABA-2443-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2443 OF 2026

Aniket Manish Bhagat                                    …Applicant

            Vs.
State of Maharashtra                                    …Respondent


Mr.Shekhar Ingawale, for the Applicant.
Mr.S.V. Walve, APP for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATE :      2nd SEPTEMBER, 2026
P. C.:

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

Applicant and Mr. Walve, learned APP appearing 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. 75 of 2026 registered with

Uran Police Station, Navi Mumbai for the offences punishable

under Sections 3 & 4 of the Maharashtra Protection of Interest of

Depositors (in Financial Establishments) Act, 1999 and Sections

3(5), 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.




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3.    The prosecution case is set out in paragraph No. 2 of order

dated 4th August 2026 passed by learned Additional Sessions

Judge, Panvel-Raigad below Exhibit 1 in Bail Application No. 500

of 2026, which reads as under :-

       “2.   In nut shell of the case of the prosecution is that

       in August 2025, there was a large influx of villagers

       visiting Pravin Patil's home. Upon inquiring made

       with the villagers, the complainant learned that

       Pravin Patil was investing money in a company called

       Open Hands Sharing Live. That company having

       office in Alibaug, and that he was running his scheme

       using the money received from this Open Hands

       company. To make people invest in the scheme,

       Pravin Patil personally, along with his brother

       Vinayak Narayan Patil and sister-in-law Kamiksha

       Vinayak Patil, toured village Sarde telling, people that

       if they invested 11,000 for 15 days, they would get

       an additional return of 8,000, making a total payout

       of 19,000 in 15 days. He also showed the

       complainant and other villagers the records stored on

       his laptop, where each investment of ₹11,000 was


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      registered under an 'ID' containing investor details.

      The complainant believing the records shown on the

      laptop, she trusted Pravin Patil, his brother Vinayak,

      and sister-in-law Kamiksha, invested 26,07,000/- in

      cash for a total of 237 IDs in the scheme, but till date,

      they have not returned my invested amount or the

      promised extra returns. Similarly, they failed to

      return Rs. 3,04,59,000/- for a total of 2,769 IDs

      collected from 15 other individuals in our village. The

      complainant and other villagers tried contacting

      Pravin Patil, Vinayak Patil, and Kamiksha Patil but

      their mobile phone was switched off. Thus, the

      accused persons cheated and misappropriated her

      money. The law was set to motion after the

      complainant lodged a complaint and the crime was

      registered under the aforesaid sections.”


4.    At the outset, Mr. Ingawale, learned counsel appearing for

the Applicant states that this is a second Anticipatory Bail

Application. The first Anticipatory Bail Application has been

withdrawn after arguing the Anticipatory Bail Application for some




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time. Mr. Ingawale, learned counsel states that when the earlier

Anticipatory Bail Application was moved, the charge-sheet was not

filed. Now the charge-sheet has been filed against the Accused

who are arrested and therefore entire material is on record. He

submits that even if entire charge-sheet is read as it is, there is no

incriminating material against the present Applicant.                He

submitted that his name is mentioned only in the statement of

witness, namely Vikrant Jagannath Gawand recorded on 22 nd May

2025 (Pages 225 to 228). He submitted that if that statement is

read as it is, then also there is no incriminating material against

the present Applicant. He submits that main allegations are against

Accused Nos. 1 to 3 and even the Applicant’s name is not

mentioned in the F.I.R.     The Accused Nos. 1 to 3 have been

arrested and Accused No. 3 has already been released on bail on

the ground that she is a lady. He submits that even if prosecution

case is accepted as it is, the only statement of the witness- Vikrant

Jagannath Gawand is against the Applicant and even in that

statement there is nothing incriminating.



5.    He submits that there are four antecedents, the details of the

same are set out in the Anticipatory Bail Application and in all



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antecedents, he has been granted bail.                He submits that the

antecedents are not of similar nature as the present offence.



6.       Mr. Ingawale, learned counsel submits that in fact the

Applicant has taken loan of Rs. 37 Lakhs from ICICI Bank for

payment of investors who have invested money with Accused No. 1

through the Applicant and the Applicant is not involved in the

crime.



7.       On the other hand, Mr. Walve, learned APP strongly opposes

the Anticipatory Bail Application. He submitted that the Applicant

has acted as agent and collected the money from investors and

handed over the monies to main accused Mr. Pravin Patil.                 He

submitted that during the investigation, as per the information

given by the main accused-Pravin Patil that when the main accused

was not in the said village, the Applicant has gone to the residence

of the Accused No.1 and collected Rs.2 Crores.               He, therefore,

submitted that custodial interrogation is necessary.


8.       Perusal of the F.I.R. and the charge-sheet show that the main

allegation, even as per the contentions of learned APP, against the

present Applicant is that the Applicant has collected money from


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the investors and handed over to the Accused No.1-Pravin Patil.

The statement of co-accused-Pravin Patil which is recorded by the

police states that an amount of Rs.2 Crores has been taken away by

the Applicant from the house of the main accused-Pravin Patil.

However, in the F.I.R. and in the charge-sheet there is no other

document to substantiate the allegations made by the co-accused.

There is no material on record to indicate that the Applicant has

collected the money from investors and kept the same with him.



9.    In any case, Mr. Ingawale, learned counsel appearing for the

Applicant states that the Applicant will completely cooperate with

the investigation. As the charge-sheet has been filed against the

other co-accused named in the F.I.R. and thus the investigation is

substantially completed, a case is made out for grant of

Anticipatory Bail by imposing certain conditions. Hence, following

order is passed:


                            ORDER

      i.    In the event of arrest, the Applicant-Aniket Manish

      Bhagat be released on bail in C.R. No. 75 of 2026

      registered with Uran Police Station, Navi Mumbai, on




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      executing P.R. bond of Rs.1,00,000/- and furnishing one

      or two local solvent sureties in the like amount.

      ii.    The Applicant shall attend the concerned Police

      Station immediately on 9th, 10 and 11th September 2026

      between 11.00 a.m. to 2.00 p.m. and thereafter on each

      Friday between 11.00 a.m. to 2.00 p.m. till filing of

      charge-sheet     against     the    present      Applicant   and

      thereafter once in a month on 4 th Friday between 11.00

      a.m. to 2.00 p.m. and shall cooperate with the

      investigation.

      iii.   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.

      iv.    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.




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      v.    The   Applicant    shall    not     tamper    with   the

      prosecution evidence and shall not contact or influence

      the Complainant, or any witness, in any manner.

      vi.   The Applicant shall not leave India without taking

      permission from the Court.


10.   The Anticipatory Bail Application is disposed of accordingly.


                                              [MADHAV J. JAMDAR, J.]




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