Bombay High Court
BHAVNA RADHEYA WAGHOLEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- N R BORKAR
Holding
The Court granted anticipatory bail to the applicants, directing them to execute a personal bond and cooperate with the investigation.
Summary
The applicants, Rachana R. Waghole, Rajashree R. Waghole and Bhavna R. Waghole, filed anticipatory bail applications fearing arrest in a fraud case (Cr. No. 811 of 2025) alleging violations of IPC Sections 406, 420 and 34. The prosecution alleged that the co‑accused induced a first informant to invest Rs.2.68 crore in a Noida real‑estate project, misappropriated the funds and failed to return the money or deliver property. The defence highlighted WhatsApp chats and documents showing that the informant had suppressed material facts, including the purchase of shares worth Rs.2,00,39,500, and was aware of the investment’s nature. The Court examined these materials and, considering the lack of clear evidence of criminal intent by the applicants, decided to grant anticipatory bail. The order released the applicants on bail upon execution of a Rs.25,000 personal bond with surety and directed them to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the applicants under CrPC Section 438 for alleged offences under IPC Sections 406, 420 and 34
- Whether the suppression of facts by the first informant affects the merit of the bail application
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code, 1860 — s. 34, 406, 420
Subjects
- anticipatory bail
- fraud
- IPC 406
- IPC 420
- CrPC 438
- share market investment
- misappropriation
- suppression of evidence
- bail conditions
Judgment
913-aba-3431-25-3107-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 3431 OF 2025
1. Rachana R. Waghole
2. Rajashree R. Waghole …Applicants
V/s.
The State of Maharashtra & Anr. ...Respondents.
WITH
ANTICIPATORY BAIL APPLICATION NO. 3107 OF 2025
Bhavna R. Waghole …Applicant
V/s.
The State of Maharashtra & Anr. ...Respondents.
…………..
Mr. Murtaza Nazmi a/w. Adv. Dilip H. Shukla, Mr. Prakash Nichani,
Adv. Shreya Karhade and for the Applicants.
Mr. V.N. Sagare, APP for the Respondent/State.
Mr. Yuvraj Narvankar a/w. Mr. Mayur Mohite, Mr. Himanshu
Maratkar, Mr. Jayesh Bhosale, Mr. Utsav Chandora and Mr. Deepak
Jain for the first informant.
PI Sachin S. Khondre and PSI Vaibhav Khade, D.N. Nagar Police
Station are present.
…………..
CORAM : N.R. BORKAR, J.
DATE : 17.02.2026.
P.C. :
1. Both these applications filed for anticipatory bail are arising
out of one and same crime. They are thus being disposed of by
this common order.
2. The applicants are apprehending their arrest in Crime No.811
of 2025 registered at D.N. Nagar Police Station for the offences
punishable under Sections 406 and 420 read with 34 of the Indian
Penal Code (IPC).
Dinesh S. Sherla 1/3
913-aba-3431-25-3107-25.doc
3. Mr. Radheya Waghole, the husband of the applicant-Bhavna
in ABA No.3107 of 2025, who is also co-accused in the present
crime, was working with Kotak Mahindra Bank. The first informant
came in his contact as she was having bank account in the said
bank. It is alleged that the co-accused Radheya Waghole started
inducing her to invest money in share market. It is alleged that
when she showed her reluctance to invest money in share market
and told him to suggest some other options of investment, he told
her to contact the applicant – Bhavna who was working in one
investment company. It is alleged that the applicant – Bhavna had
induced her to invest Rs.50,00,000/- in WTC Riverside Residence
project at Noida. It is alleged that the applicant – Bhavna had
assured her that against the said investment she would get
certain interest and after 11 months she would get back her
money or she would get certain immovable property. It is alleged
that neither she got back her money nor property as promised. It
is further alleged that the co-accused Radheya, husband of the
applicant – Bhavna, fraudulently got transferred and
misappropriated the amount of Rs.2,18,00,000/-. The allegations
against the present applicants and other co-accused are thus of
defrauding the first informant to the tune of Rs.2,68,00,000/-.
4. I have heard the learned counsel appearing for the
applicants, the learned APP for the respondent / State and the
learned counsel for the respondent No.2/first informant.
5. Learned counsel for the applicants has drawn my attention
Dinesh S. Sherla 2/3
913-aba-3431-25-3107-25.doc
to the various documents and Whatsapp chats between the
applicant – Bhavana and the first informant. It appears from the
said documents that the first informant has suppressed various
facts. It appears that out of defrauded amount after approval of
the first informant shares of Rs.2,00,39,500/- were purchased,
however, in the first information report the said fact is not
disclosed. It further appears that the first informant was aware as
to why she was not getting back her money, which she invested in
the WTC Riverside Residence Project and by suppressing the said
fact she lodged the report. Considering overall facts and
circumstances of the case, I am inclined to release the applicants
on anticipatory bail. In the result, the following order is passed.
ORDER
A) The Applications are allowed.
B) In the event of arrest of the applicants in C.R. No.811
of 2025 registered at D.N. Nagar Police Station for the
offences punishable under Sections 406 and 420 read with
34 of the Indian Penal Code (IPC), they be released on bail
on executing P.R. Bond in the sum of Rs.25,000/- each with
one surety or two sureties in the like amount.
C) The applicants shall attend the concerned police station
as and when called and shall cooperate in the investigation.
[N.R.BORKAR, J.]
Dinesh S. Sherla 3/3
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