Bombay High Court
DR DHIRAJ RAMPYARE DUBE AND ANRversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- PRAFULLA S KHUBALKAR
Holding
The Court allowed the anticipatory bail application, granting bail with specified conditions.
Summary
The applicants, two doctors and their sister, were charged with cheating, forgery and related offences under the Bharatiya Nyaya Sanhita, 2023, based on a complaint alleging fraudulent investment schemes. They sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, asserting that the interim protection granted on 24 November 2025 had not been misused and that the alleged transactions were either reversed or unsubstantiated. The State argued that the applicants had not cooperated with the investigating agency and that the factual basis of the cheating allegations remained intact. The Court observed that the investigation was still pending, there was no evidence of misuse of the earlier interim protection, and the alleged financial reversals could not be conclusively determined at this stage. Consequently, the Court confirmed the interim protection by granting anticipatory bail with conditions of surety, regular police reporting, cooperation with investigators, and non‑interference with evidence or witnesses.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS in view of the pending investigation and serious allegations of cheating and forgery.
- Whether the interim protection previously granted has been misused by the applicants.
- Whether the lack of cooperation with the investigating agency warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- anticipatory bail
- Section 482
- cheating
- forgery
- investigation pending
- bail conditions
- criminal procedure
- BNSS
- BNS
Judgment
15-ABA-3034-2025.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 3034 OF 2025
Dr. Dhiraj Rampyare Dube And Anr. …Applicants
Versus
The State of Maharashtra And Anr. …Respondents
Adv. Shekhar Ingawale a/w Mr. Akshay Shukla a/w Adv. Anand
Tiwari, for Applicants.
Mr. Prasanna P. Malshe , A.P. P., for Respondent No.1 – State.
Adv. Ashok Kumar Dubey a/w Adv. Anil Kumar Pandey,
for Respondent No.2.
API Ritesh Mali, Vakola Police Station, Mumbai, is present.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 22ND JUNE 2026
PC:-
1. Heard learned counsel for applicants as well as learned
APP for respondent no.1 and Advocate Ashok Dubey for
respondent no.2.
2. Learned counsel for applicants, at the outset points out
that by order dated 24th November 2025 the applicants are
protected by this Court and they have not misused the liberty
and therefore their interim protection be confirmed.
3. The applicants have filed the instant application under
Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short, “BNSS”), seeking pre-arrest bail in Crime No. 652 of 2025
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15-ABA-3034-2025.ODT
dated 05.07.2025, registered with Vakola Police Station,
Brihanmumbai, for the offence punishable under Sections
318(4), 338, 336(3), 340(2) and 3(5) of Bharatiya Nyaya
Sanhita, 2023 (for short, “BNS”).
4. The offence is registered on the basis of a report dated
05.07.2025 lodged by Mr. Ketan Madhusudan Shroff i.e.
respondent no.2 herein. It is alleged in the report that the
applicant nos. 1 and 2 who are doctors, acted in collusion with
applicant no.3 who is their sister, and they induced the
complainant to invest amount in their company by name, ProTec
Concepts Private Limited, Bhandup, Mumbai for Zerconia
Dental Disc Projects and they had assured 50% partnership to
the complainant. It is alleged that the applicant nos. 1 and 2
have forged the signatures of the applicant no.3 and prepared
forged documents and thus have cheated the complainant and
one Mr. Dharmendra Mehta for total of Rs.9,84,50,000/-. It is
alleged in the report that an amount of Rs. 2,75,00,000/- was
transferred by complainant Mr. Ketan Shroff from time to time
in favour of ProTec Concepts Private Limited and further that an
amount of Rs. 7,09,50,000/- was transferred from the HDFC
Bank account of Mr. Dharmendra Mehta in favour of ProTec
Concepts Private Limited. It is alleged that after transfer of these
amounts, all these persons have cheated the complainant and
therefore offence came to be registered against them.
5. Learned counsel for the applicant submits that the
allegations of cheating are without any substance as the
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15-ABA-3034-2025.ODT
amounts which were transferred by the complainant Mr. Ketan
Shroff as mentioned in the First Information Report, was re-
transferred by the applicants to the account of the complainant
and there is no question of any cheating. He submits that all
these transactions are reflected in the bank accounts which are
placed on record. Apart from this, he submitted that the
allegations of forged signatures of the brothers and sister are
also without any basis as there is no complaint by any of them
about forgery of their signatures. This apart, he submits that
there is nothing to show any agreement of 50% with the
complainant and the allegations in this regard are without any
basis. As regards the payments allegedly made from the account
of Mr. Dharmendra Mehta, he submitted that there are no
documents showing any payments made by Mr. Dharmendra
Mehta in the account of M/s ProTec Concepts Private Limited,
much less to the tune of Rs. 7,09,50,000/-. Apart from all these
submissions the learned counsel for applicants submitted that
these applicants have been protected by an interim order passed
by this Court and they have not misused the liberty at any time.
He submitted that the applicants are ready to cooperate the
investigating agency and sought for confirmation of interim
protection.
6. As against this, learned APP as well as learned counsel for
respondent no.2 opposed the application and submitted that the
applicants have not cooperated the investigating agency and by
inviting my attention to a communication dated 19.07.2025
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15-ABA-3034-2025.ODT
issued by the Investigating Officer, it is submitted that the
applicants have not supplied all the necessary documents
demanded by the said communication.
7. Learned counsel for respondent no.2 also submitted that
although the applicants have alleged that the entries regarding
payments by the company were reversed, the amount was again
transferred in favour of the company and as such the allegations
of cheating are based on factual position. As regards payments
through HDFC Bank account of Mr. Dharmentra Menta the
learned counsel for respondent no.2 submitted that the
payments were made through some other company and the
same are reflected from the account extracts of M/s ProTec
Concepts Private Limited. On all these contentions they
opposed the application for pre-arrest bail.
8. It has to be noted that the applicant nos. 1 and 2 are
doctors by profession and applicant no.3 is a Software Engineer.
9. Although the allegations are made about the transfer of
several amounts by the complainant in the company of the
applicants, it appears that the amounts were re-transferred by
the applicants as reflected from the account extracts. However,
whether the entries were further reversed or not would be a
subject matter of investigation. As regards the payments by Mr.
Dharmentra Mehta through his HDFC Bank account, it appears
that there is no record showing those payments and at this
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15-ABA-3034-2025.ODT
stage, before investigation is completed, nothing can be inferred
about the payments made by Mr. Dharmendra Mehta.
10. It has to be noted that the investigation in the matter is
pending. The applicants were granted protection by this Court
vide order dated 24th November 2025 and since then they are
enjoying the protection. There is nothing on record to show that
the applicants have misused the liberty granted by this Court. As
such, although there are allegations about the cheating and
other offences, the interim protection granted earlier needs to
be confirmed by putting the applicants on certain conditions.
Further, there is nothing on record to show that the custodial
interrogation of the applicants is required at this stage.
11. Hence, I pass following order :-
ORDER
(i) Anticipatory Bail Application No. 3034 of 2025
is allowed.
(ii) In the event of arrest of these applicants in
Crime No. 652 of 2025 dated 05.07.2025,
registered with Vakola Police Station,
Brihanmumbai, for the offence punishable
under Sections 318(4), 338, 336(3), 340(2)
and 3(5) of Bharatiya Nyaya Sanhita, 2023,
they be released on bail on furnishing P. R.
Bond of Rs. 50,000/- (Rupees Fifty Thousand
only) each, with solvent surety of the like
amount.
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15-ABA-3034-2025.ODT
(iii) The applicants are directed to attend Vakola
Police Station, Brihanmumbai on every
Monday between 10:00 a.m. to 5:00 p.m., for
a period of three months and thereafter as and
when called upon by the Investigating Officer.
(iv) The applicants shall cooperate the
Investigating agency during investigation and
trial.
(v) The applicants shall not tamper with the
prosecution evidence or influence the
witnesses directly or indirectly.
12. The application is allowed in above terms and disposed of
accordingly.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
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