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Bombay High Court

ANIL VASVANIversusSTATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The anticipatory bail applications are allowed, subject to conditions, as the dispute is civil in nature and custodial interrogation is unnecessary.

Summary

The Court considered anticipatory bail applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by three accused in a FIR alleging cheating, forgery and criminal conspiracy arising from a commercial dispute over a 2014 Development Agreement. The applicants argued that the matter was essentially civil, that the FIR was lodged after a long delay, and that they had cooperated with the investigation, even attending the police station as directed by an interim protection order. The State contended that the offences were serious and that the accused had dishonoured cheques, warranting prosecution. After examining the FIR, the Development Agreement, and the notice issued by the police, the Court held that the dispute was primarily civil, the necessary documents were already with the investigating agency, and custodial interrogation was unnecessary. Consequently, the Court confirmed the interim protection and granted anticipatory bail with conditions, directing the applicants to cooperate further and imposing a bond and surety requirement.

Issues considered

  • What is the nature of the dispute underlying the FIR – criminal or civil?
  • Does the delay in lodging the FIR affect the grant of anticipatory bail under Section 482 BNSS?
  • Is custodial interrogation necessary when the investigation can be conducted through documentary evidence?
  • Can anticipatory bail be granted despite the seriousness of the alleged offences under the IPC?

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 BNSS
  • commercial dispute
  • civil nature of offence
  • delay in FIR
  • cooperation with investigation
  • bail conditions
  • cheating
  • IPC offences

Judgment

                                    14-ABA-470-2026 W ABA-473-2026.ODT




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
        ANTICIPATORY BAIL APPLICATION NO. 470 OF 2026
Narendra Agarwal                            …Applicant
      Versus
The State of Maharashtra And Anr.           …Respondents
                             WITH
       ANTICIPATORY BAIL APPLICATION NO. 473 OF 2026
Anil Vasvani and Anr.                       …Applicants
      Versus
The State of Maharashtra And Anr.           …Respondents


Adv. Raju Suryawanshi a/w Suraj Naik, for the Applicant
in both ABA.
Mr. Bapu Holambe-Patil, A.P. P., for the Respondent – State
in both ABA..
Adv. Shekhar Jagtap a/w Adv. Sairuchita Chowdhary,
for the Respondent No.2/Complainant in both ABA..
PSI Jilani Sayyad, Mira Road Police Station, Mumbai, is present
in both ABA..


                     CORAM :       PRAFULLA S. KHUBALKAR, J.
                     DATE      :   31ST AUGUST 2026
P.C:-

1.      Heard learned counsel for the applicants as well as

learned APP for respondent – State and learned counsel for

respondent no.2 / Complainant.

2.      The applicants have filed the instant applications under

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023


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(for short, “BNSS”) seeking pre-arrest bail in connection with

Crime No. 460 of 2025, dated 02.11.2025, registered with Mira

Road Police Station, Mira-Bhayender-Vasai-Virar, for the offence

punishable under Sections 406, 420, 465, 467, 468, 471 read

with Section 34 of the Indian Penal Code, 1860.

3.    The First Information Report (for short, “FIR”) came to be

registered on the basis of a report lodged by the complainant

alleging that in view of a registered Development Agreement

dated 21.02.2014 in between M/s. Enrich Infra Developers Pvt.

Ltd. and the complainant’s firm by name, M/s. S.A.S. Infra, the

complainant has paid several amounts from time to time with

respect to the properties mentioned therein, total amounting to

Rs. 2,06,00,000/-. He has alleged in the complaint that although

the amount was paid from time to time, it was noticed that the

location of the plot was different as mentioned in the four

boundaries as stated in the agreement. It is also alleged that

thereafter two separate flats came be allotted by the accused in

‘AIMS SEA VIEW’ building however, there was a dispute about

possession of the said flats. It is alleged that in view of the

dispute, certain postdated cheques issued by the accused no.1



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also got dishonored and in this background the report came to

be lodged. On the basis of these allegations, the FIR came to be

registered against four persons including these applicants. The

applicant in ABA No. 470 of 2026 – Narendra Agarwal is

arraigned as accused No.1 and applicants in ABA No. 473 of

2026 namely, Anil Vasvani and Vinay Shah are arraigned as

accused nos. 3 and 4.


4.    Learned counsel for applicants submitted that the offence

is with respect to the commercial transactions in between the

complainant’s firm and firm of the accused no.1 related to the

period from 10th August 2013 to 20th May 2020. He submitted

that the FIR is registered regarding the incidences which had

occurred prior to 12 years and there is no justification for the

delay in lodging the FIR. He submits that there are multiple

transactions in between the complainant and the main accused

persons as well as the partners of their firm which clearly shows

that the dispute is civil in nature. He submits that the allegations

in the report are with respect to conduct of the parties based on

registered Development Agreement and as such investigation in

the offence can be conducted on the basis of documentary


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evidence which are already available with the investigating

agency. Therefore, he submits that the custody of these

applicants is not warranted.


5.    Apart from the above, the learned counsel for applicants

submit that considering the nature of offence, the investigating

agency has earlier issued a notice dated 01.11.2025 [At page

No. 193 of the application] to accused no.1 Narendra Agarwal,

by which he was called upon to remain present on 02.11.2025

and despite this the FIR came to be registered on 02.11.2025

itself. He therefore, submits that the applicants are ready to join

the investigation and extend cooperation.


6.    He also submits that the applicants have already joined

the investigation, in accordance with the interim protection

order dated 21st July 2026 passed by this Court the applicants

have attended the police station on every Monday and Friday, as

directed by this Court. In view of this, he prays for confirmation

of the interim protection of all the applicants.


7.    As against this, learned APP for respondent – State as well

as learned counsel for respondent no.2 have opposed the


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application and submitted that the applicants have committed

the offences of cheating and other offences as demonstrated in

the FIR. It is submitted that the cheques issued by the accused

no.1 have been dishonored and therefore, the applicants need to

be prosecuted. However, learned APP for respondent – State

does not dispute the contentions that the applicants have

attended the police station in accordance with the interim

protection order.


8.    Perused the FIR and the documents placed on record,

including the document of registered Development Agreement

and the letter dated 01.11.2025 issued by the Assistant

Superintendent of Police, Mira Road Police Station. On perusal

of the allegations in the report and the documents on record, it

appears that the controversy is with respect to the commercial

transactions in between two partnership firms. It has to be

noted that the dispute revolves around the Development

Agreement of the year 2014 and after substantial delay, the FIR

came to be registered. Considering the actual controversy as

stated in the report, it becomes clear that there is a commercial

dispute in between the parties which is primarily civil in nature.


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It also appears that the accused nos. 3 and 4 have been

arraigned as accused, only because of allegations of their acting

in collusion with the other accused persons.


9.    It has to be noted that considering the nature of offence,

the investigation in the matter is primarily with respect to the

documents, which are already available with the investigating

agency and custodial interrogation of these applicants need not

be insisted upon for the purpose of recovery of documents.

10.   It is also crucial to note that by an interim protection

granted by this Court by order dated 21 st July 2026, the

applicants were granting protection in view of their readiness to

join the investigation. Since, the applicants have joined the

investigation and attended the police station on the specified

dates, as directed by this Court, and since there is nothing to

indicate that they have misused their liberty, the interim

protection granted earlier needs to be confirmed, subject to

certain conditions considering Section 482 of BNSS, which are

stated below.

11.   Hence, I pass following order :-




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                                        ORDER

             (i)    The    Anticipatory     Bail     Applications   are
                    allowed.
             (ii)   In the event of arrest of the applicants in
                    connection with Crime No. 460 of 2025,
                    registered with Mira Road Police Station, Mira-
                    Bhayender-Vasai-Virar,         for   the   offence
                    punishable under Sections 406, 420, 465, 467,
                    468, 471 read with 34 of the Indian Penal
                    Code, 1860, they be released on bail on
                    furnishing P. R. Bond of Rs. 25,000/- (Rupees
                    Twenty-Five Thousand only) each, with one
                    solvent surety of the like amount.
             (iii) The applicants are directed to attend the
                    investigating agency as and when called upon.
             (iv) The applicants shall not directly or indirectly
                    make any inducement or promise to any
                    person acquainted with the facts so as to
                    dissuade from disclosing such facts to the
                    Courts or to any police officer.
             (v)    Breach of any of these conditions, shall be a
                    ground for cancellation of bail.

12.         Anticipatory Bail Applications are disposed of in above

terms.

                                          (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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