Bombay High Court
RAJIV DEVENDRA SONEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- N R BORKAR
Holding
The High Court allowed the anticipatory bail applications, subject to bond and cooperation conditions.
Summary
The applicants, Prajakt Prabhakar Surve and Rajiv Devendra Sone, sought anticipatory bail fearing arrest in Crime No.648 of 2025 for alleged offences under IPC sections 420, 406 and 34 relating to a disputed car transaction and alleged forgery. The prosecution alleged that the applicants, together with co‑accused, tried to fraudulently transfer ownership of a BMW by preparing false documents, based on a complaint by the first informant. The applicants contended that they had legitimately purchased the car, had no role in any forgery, and were ready to cooperate with the investigation. The court, after examining the complaint, WhatsApp chats and other material, found the allegations to be after‑thought and not substantiated on a prima facie basis. Consequently, the court granted anticipatory bail to both applicants, subject to a personal bond of Rs.25,000 with sureties and a condition to cooperate with the police.
Issues considered
- Whether anticipatory bail should be granted to the applicants in a case involving alleged offences under IPC sections 420, 406 and 34.
- Whether the prima facie material indicates a likelihood of the applicants’ involvement in forgery and cheating warranting denial of bail.
Legislation cited
- Indian Penal Code, 1860 — s. 34, 406, 420
Subjects
- anticipatory bail
- Indian Penal Code
- section 420
- section 406
- section 34
- forgery
- cheating
- car fraud
- Bail conditions
- Bombay High Court
Judgment
1 95-ABA 3376-25 @ connected matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.3376 OF 2025
Prajakt Prabhakar Surve … Applicant
V/s.
The State of Maharashtra & Anr. … Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO.2946 OF 2025
Rajiv Devendra Sone … Applicant
V/s.
State of Maharashtra … Respondent
WITH
INTERIM APPLICATION NO.4056 OF 2025
IN
ANTICIPATORY BAIL APPLICATION NO.2946 OF 2025
MUGDHA -----
MANOJ
PARANJAPE Mr. Niranjan Mundargi a/w Keral Mehta i/by Rani Dwivedi for the
Digitally signed by Applicant in ABA No.2946 of 2025.
MUGDHA MANOJ
PARANJAPE
Date: 2026.01.31
Mr. Sushil Gaglani & Neha Sonar for the Applicant in ABA No.3376 of
13:10:40 +0530
2025.
Mr. P. H. Gaikwad, APP for the Respondent-State.
Mr. Shailendra Singh for the Intervenor-first informant.
API S. Y. Pathan, Unit I, Crime Branch, Mumbai is present.
-----
CORAM : N.R. BORKAR, J.
DATE : 17TH JANUARY 2026
P.C. :
1. As both these Applications for anticipatory bail are arising out of
one and the same crime, they are being disposed of by this common order.
Mugdha 1 of 4
2 95-ABA 3376-25 @ connected matters.doc
2. The Applicants in both these Applications are apprehending their
arrest in Crime No.648 of 2025 registered with Khar Police Station for the
offences punishable under Sections 420, 406 read with 34 of the Indian
Penal Code.
3. It is the case of the prosecution that on 22 nd December 2022, the
first informant had handed over his BMW car to co-accused Natwar
Raichura with an understanding that he would find a customer for letting
the car on rent. It is alleged that in April 2023 a car dealer informed him
that his car was being offered for sale by the Applicant in Anticipatory Bail
Application No.3376 of 2025. It is alleged that on inquiry, he found that
one of the insurance companies had issued insurance policy in the name of
one of the co-accused. He later on found that his car is in possession of the
Applicant in Anticipatory Bail Application No.2946 of 2025, who refused
to hand it over to him. It is alleged that the Applicant and the other co-
accused tried to transfer the ownership of his car by preparing false
documents.
4. I have heard respective Learned Counsel for the Applicants,
Learned APP for the Respondent-State and Learned Counsel for the first
informant.
5. Learned Counsel for the Applicant in Anticipatory Bail Application
No.2946 of 2025 submits that the Applicant purchased the car in question
from the car dealer by paying an amount of Rs.9,00,000/-. It is submitted
that the Applicant has nothing to do with the alleged crime. It is submitted
that there is no need of custodial interrogation and the Applicant is ready
and willing to cooperate in the investigation.
Mugdha 2 of 4
3 95-ABA 3376-25 @ connected matters.doc
6. Learned Counsel for the Applicant in Anticipatory Bail Application
No.3376 of 2025 submits that the Applicant had paid an amount of
Rs.10,00,000/- to the co-accused Natwar Raichura on the instructions of
the first informant towards purchase of the car in question. It is submitted
that afterthought allegations are made against the Applicants with some
ulterior motive. In support of it, Learned Counsel for the Applicant has
drawn my attention to the NC reports lodged by the first informant and
certain WhatsApp chats. It is submitted that the Applicant is ready and
willing to cooperate in the investigation.
7. On the other hand, Learned APP for the Respondent-State and
Learned Counsel for the first informant submit that the present Applicants
and the co-accused are involved in serious offence of forgery. It is
submitted that considering the nature of crime, the Applicants may not be
released on anticipatory bail.
8. I have perused the documents on record. Prima-facie from the said
documents it appears that the first informant has made afterthought
allegations against the Applicants. In one of the WhatsApp chats between
the first informant and the wife of the Applicant in Anticipatory Bail
Application No.3376 of 2025, the first informant told her that the first
informant can save the Applicant from the present crime. Considering the
overall facts and circumstances of the case, I am inclined to release the
Applicants on anticipatory bail on certain conditions. Hence, the following
order:-
Mugdha 3 of 4
4 95-ABA 3376-25 @ connected matters.doc
ORDER
i. The Anticipatory Bail Applications are allowed.
ii. In the event of the arrest of the Applicants in Crime No.648 of
2025 registered with Khar Police Station for the offences
punishable under Sections 420, 406 read with 34 of the Indian
Penal Code, they shall be released on bail on furnishing a PR
Bond in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand Only) each with one or two sureties in the like
amount.
iii. The Applicants shall attend the concerned police station as
and when called by the investigating officer and shall
cooperate in the investigation.
9. The Anticipatory Bail Applications are disposed of in the aforesaid
terms.
10. The Interim Applicant also stands disposed of.
(N.R. BORKAR, J.)
Mugdha 4 of 4
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