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Bombay High Court

ARUN RAGHUNATH MADGUDEversusSTATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

In the absence of any material showing the applicant’s knowledge of the stolen nature of the dry fruits, anticipatory bail must be granted, subject to prescribed conditions.

Summary

The applicant, a dry‑fruit trader, sought anticipatory bail in connection with FIR No. 417 of 2026 alleging that he purchased dry fruits allegedly stolen by co‑accused. The prosecution argued that the applicant, a former Mathadi worker, had knowledge of the stolen goods and that custodial interrogation was necessary. The court examined the FIR, the applicant’s retirement card and Udyam Registration Certificate and found no material indicating his knowledge of the stolen nature of the goods. It held that there was no basis to link the monetary transactions to the offence and that the applicant had cooperated with the investigation. Consequently, the court confirmed the interim protection and granted anticipatory bail subject to standard conditions, including a bail bond, cooperation with police, and non‑interference with evidence or witnesses.

Issues considered

  • Whether anticipatory bail should be granted when the alleged offence is purchase of stolen property without proof of knowledge.
  • Whether custodial interrogation of the applicant is necessary for the investigation.
  • Whether conditions can be imposed on the grant of anticipatory bail under the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • personal liberty
  • stolen property
  • Bharatiya Nyaya Sanhita
  • Section 316(4)
  • Section 3(5)
  • bail conditions

Judgment

                                                                      1-ABA-2529-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                  ANTICIPATORY BAIL APPLICATION NO. 2529 OF 2026


            Arun Raghunath Madgude                                      ...Applicant
                       V/s.
            State of Maharashtra                                        ...Respondent


            Adv. Nikhil Wadikar a/w Adv. Pradip Zende, Adv. Kastur Patil, Adv. Pratik
            Deore for the Applicant.
            Adv. Arfan Sait, APP for the Respondent – State.
            Mr. Nilesh Patil, API, APMC Police Station is present.


                             CORAM : PRAFULLA S. KHUBALKAR, J.
                             DATE : 1ST OCTOBER 2026.
            P.C. :-

            1.         Heard learned counsel for the applicant and learned APP for the

            respondent -State.

            2.         The applicant has filed instant application seeking pre-arrest bail

            in connection with FIR No. 417 of 2026 registered with APMC Police

            Station for offence punishable under Section 316(4) read with Section 3(5)

            of Bharatiya Nyaya Sanhita (BNS), 2023.

            3.         Learned counsel for the applicant submits that the offence is

            registered on the basis of allegations that this applicant has purchased some

            dry fruits from the main accused persons, which were allegedly stolen by

            them. He also submits that the applicant is a businessman who is trading in


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                                                           1-ABA-2529-2026.doc

dry fruits and there is no material to show that the applicant had any

knowledge that the dry fruits were stolen property. Apart from this, he

submits that the reasons for rejection of the anticipatory bail by the Sessions

Court are absolutely unsustainable, since the applicant has got the document

to show that on 24 September 2024, the applicant got retired as Mathadi

worker and thereafter on 14 November 2024, he has got registered with a

Udyam Registration Certificate in the name of Akash Enterprises, on the

basis of which he is carrying on the business. In view of these documents,

which are placed on record at page 65 and 67 of the application, the learned

counsel for the applicant submits that the allegations about the monetary

transactions made by this applicant in his business cannot be made any basis

for implication of this applicant in the instant offence. He also states that

there are no criminal antecedents against this applicant and he has attended

the police station in accordance with interim order dated 8 th September 2026

and prays for confirmation of interim protection order.

4.          The learned APP for the respondent opposed the application by

stating that the applicant was previously working as a Mathadi worker in

APMC and it is alleged that he had knowledge about the stolen goods. There

are monetary transactions between this applicant and the co-accused which

shows nexus between the applicant and the alleged offense. Therefore, he

submits that the applicant’s custodial interrogation is necessary for further

investigation.


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                                                            1-ABA-2529-2026.doc

5.           Perused the FIR and documents filed on record. It is alleged in

the report that the goods were stolen and this applicant had purchased the

goods. It has to be noted that apart from bare allegations that this applicant

has purchased the dry fruits, there is no material to show that he has any

knowledge that the goods were stolen property. Considering the nature of

allegations against the applicant and on perusal of the documents in the

nature of retirement card and Udyam Registration Certificate, it prima facie

appears that, the contentions of the prosecution about purchasing of

dry fruits and the monetary transactions by this applicant cannot be

connected with the offence. Also, there does not appear any need for

custody of the applicant as he has extended the co-operation in accordance

with interim protection granted by this Court and there is nothing to show

that this applicant has misused the liberty.

6.           Considering all the above aspects, the personal liberty of this

applicant needs to be protected and hence, the interim protection granted to

the applicant earlier needs to be confirmed, subject to certain conditions.

7.           Hence I pass the following order

                               : ORDER :

     i. The anticipatory bail application is allowed.

     ii. In the event of arrest of the applicant in connection with FIR No.

        417 of 2026 registered with APMC Police Station for offence



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           punishable under Section 316(4) read with Section 3(5) of

           Bharatiya Nyaya Sanhita (BNS), 2023, he be released on bail on

           furnishing    P. R. Bond of    Rs. 25,000/- (Rupees Twenty Five

           Thousand only) with one solvent surety of the like amount.

     iii. The applicant is directed to attend the police station as and when

           called upon and shall cooperate during investigation and trial.

     iv. The applicant shall not tamper with the prosecution evidence or

           influence the informant and witnesses, directly or indirectly.

     v. The applicant shall produce documents related to bank transactions,

           if demanded by investigating agency.

     vi.     In the event, the applicant violates any of these conditions

           specified in this order, the same would be a ground for cancellation

           of anticipatory bail.

8.              In view of this, the instant Anticipatory Bail Application is

allowed and disposed of.




                                          (PRAFULLA S. KHUBALKAR, J.)




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