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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code, 1860 — s. 34, 406, 420, 465, 467, 468, 471
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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