Bombay High Court
VINOD GITARAM DAUNDversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court granted anticipatory bail to the applicant, directing a personal bond and imposing standard conditions.
Summary
The applicant, Vinod Gitaram Daund, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a FIR alleging offences under the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 and several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case alleged that the applicant had abused the first informant, while the main fraud allegations were directed at co‑accused No.1 and No.2. The applicant argued that the only charge against him was abuse of the informant and pointed to a prior anticipatory bail order in a similar case. The State opposed bail, citing the applicant’s criminal antecedents of a similar nature. The Court examined whether the nature of the allegation and the presence of antecedents warranted denial of bail and concluded that the case did not merit arrest of the applicant. Accordingly, the Court granted anticipatory bail, directing the applicant to furnish a personal bond of Rs.30,000 with sureties and imposing conditions such as cooperation with police, furnishing contact details, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted under Section 482 BNSS in view of the alleged abuse of the informant and the applicant’s criminal antecedents.
- Whether the seriousness of the offences under the MPID Act and BNS precludes the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 3(5), 351(2), 352
- Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — s. 3, 4
Subjects
- anticipatory bail
- Section 482
- criminal antecedent
- MPID Act
- BNS
- abuse of informant
- bail conditions
Judgment
930-ABA-2714-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2714 OF 2026
Vinod Gitaram Daund …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Rudra Tibhe, for the Applicant.
Mr. Swapnil V. Walve, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 30th SEPTEMBER 2026
PC:-
1. Heard Mr. Tibhe, learned Counsel appearing for the
Applicant and Mr. Walve, learned APP appearing for the
Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail
in connection with C.R. No.594 of 2026 registered with Ambad
Police Station, Nashik, for the offences punishable under Sections 3
and 4 of the Maharashtra Protection of Interest of Depositors (in
Financial Establishments) Act, 1999 (“MPID Act”)and under
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Sections 3(5), 318(4), 351(2) and 352 of the Bharatiya Nyaya
Sanhita, 2023 (“BNS”).
3. The relevant details are as under:
1. Name and Age of the Applicant Vinod Gitaram Daund
Age-36 years
2. C.R. No. 594 of 2026
3. Police Station Ambad
4. Date of Incident 01/01/2024 to
12/07/2026
5. Date of Registration of F.I.R. 13/07/2026
6. Sections applied in F.I.R. 318(4), 351(2), 352,
3(5) of the BNS.
7. Date of Arrest of co-accused 10/09/2026
8. Date of filing of Charge-sheet, if any. -
9. Sections applied in Charge-sheet
10. Any Special Statute invoked Sections 3 and 4 of
the MPID Act.
11. Total number & Age of Deceased/Victim One Complaiant
Age-23 years
12. Total Number of Accused Three
13. Anticipatory Bail/Regular Bail granted None
to any other Accused
4. It is the contention of learned Counsel appearing for the
Applicant that the only allegation against the Applicant is that he
has abused the First Informant. He submits that there is one more
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C.R. No.412 of 2026 registered with Ambad Police Station, Nashik,
by making same allegations, in which this Court granted
anticipatory bail by order dated 19 th August 2026 passed in
Anticipatory Bail Application No.2119 of 2026.
5. On the other hand, learned APP strongly opposes the
Anticipatory Bail Application. He states that there are criminal
antecedents against the Applicant.
6. Learned Counsel appearing for the Applicant states that the
criminal antecedent is of similar nature and is disclosed in the
Anticipatory Bail Application.
7. The prosecution case is set out in paragraph No.2 of the
order dated 8th September 2026, passed by the learned Additional
Sessions Judge, Nashik, in Criminal Bail Application No.1703 of
2026, which reads as under:
“2] The case of the prosecution, in short, is that
informant Vrushali Kathvate lodged the report
and alleged that she had been to the house of
neighbour Geeta Mali. 4 to 5 women were
present there and one another woman addressing
them. Geeta Mali told name of said woman as Sai
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Rajendra Bodake. The informant also started
listening Sai Bodake. At that time, Sai Bodake
told her that she is working for Arihant Mico
Finance, Chennai i.e. the Finance company and
said company used to provide loan upto Rs.1.20
Crore to the needy person for business and the
repayment thereof has to be made for only 6
months at the rate of Rs. 10,000/- per month
only and the remaining loan will be waived. If a
needy is widow woman then she will not be
required to pay a single installment and the
entire loan will be waived. She was also told that
if amount is invested in their company then the
return will be upto 8 to 10%. However, for the
purposes of sanctioning the loan and to prepare
documents thereof some money will be required
for its expenditure. So many women took loan
and started their business. So many investor have
also started getting regular returns. A document
will be provided towards investment. She had
also shown the companies documents. She
gained trust. Thereafter, Sai Bodake again and
again started making phone call to her and made
a representation for more returns and for earlier
sanction of loan. As such, the informant decided
to take the loan from said company and to invest
money therein. Sai Bodake called her St. Xavier
School, Nashik and asked her to make some
payment to prepare documents. The informant
from time to time has made payment to Sai
Bodake. She also told to the informant that there
is some problem in making payment in the
account of company and instructed her to make
payment on her phone pay and she will transmit
money to the company. The informant therefore
from time to time also made payment on phone
pay of Sai Bodake. After some time informant
inquired in respect of returns of the invested
amount as well as sanction of loan. She was
given understanding to wait for some time and
also given assurance. Despite after considerable
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time, there was no progress either in the return
or sanction of loan. The informant was also
threatened when made inquiry about it. The
other women have also been cheated in the same
fashion. The informant has also not been given
documents of investment in the company.”
8. Thus, even as per the prosecution case, the only allegation
against the present Applicant is that he has abused the First
Informant and the Applicant is accused No.3. The main allegations
are against accused Nos.1 and 2.
9. Accordingly, the 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-Vinod Gitaram
Daund in connection with C.R. No.594 of 2026
registered with the Ambad Police Station, Nashik, 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 in the like amount.
(b) The Applicant shall attend the concerned Police
Station as and when called by the Investigating Officer
and shall cooperate with the investigation.
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(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
Complainant or any witness in any manner.
10. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.30
18:06:40
+0530
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