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Bombay High Court

ASHISH DADASO ANUSEversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

The Court held that the allegations do not warrant custodial interrogation and therefore granted anticipatory bail.

Summary

The applicant, Ashish Dadaso Anuse, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (Crime No. 238 of 2026) alleging offences under IPC Sections 420 and 406. The FIR alleges that the informant invested Rs 10 lakhs with the applicant, who allegedly returned Rs 15,62,593, resulting in an excess payment of Rs 5,62,593, and also mentions amounts owed by a third person, Satish Jadhav, who is not a complainant. The State contended that the applicant had not repaid the invested amount, while the applicant argued that he had fully complied and would cooperate with the investigation. The Court examined the FIR and found that the allegations did not justify custodial interrogation or arrest. Consequently, the Court granted anticipatory bail with conditions including a personal bond, reporting to the investigating officer, and prohibitions against tampering with evidence or influencing witnesses. The application was disposed of with bail granted.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged offences of cheating and criminal breach of trust.
  • Whether the FIR allegations constitute sufficient ground for arrest and custodial interrogation.
  • Whether the applicant poses a risk of tampering with evidence or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • cheating
  • criminal breach of trust
  • IPC
  • bail conditions
  • investigation cooperation

Judgment

                                                          34-ABA-560-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
            ANTICIPATORY BAIL APPLICATION NO. 560 OF 2026

Ashish Dadaso Anuse                                      ...Applicant
         Versus.
The State of Maharashtra                                 ...Respondent
                                      -----
Mr. Sarang Aradhye a/w Dnyaneshwari Utpat and Shantanu Gurav,
Advocate for the Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
                                 -------
                                CORAM :       ASHWIN D. BHOBE, J.
                                 DATE :       28th September, 2026.
P.C. :


1.       Heard Mr. Sarang Aradhye, learned Advocate for the Applicant

and Mr. S. S. Chaudhari, learned APP for the Respondent – State.



2.       By the present Application filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-

arrest bail, apprehending arrest in Crime No. 238 of 2026 registered at

Vishrambag Police Station for offences punishable under Sections 420

and 406 of the Indian Penal Code, 1860.



3.       Mr. Sarang Aradhye, learned Advocate for the Applicant, states

that the Applicant is the sole accused in Crime No. 238 of 2026.

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4.      Mr. Sarang Aradhye, learned Advocate for the Applicant, states

that the allegations against the Applicant in the FIR in Crime No. 238 of

2026, filed by the Informant (Sunil Balasaheb Salgar), are that the

Informant, at the assurance of good returns, invested Rs. 8 lakhs with

the Applicant. He submits that the Applicant has, in fact, abided by his

assurance and has paid Rs. 15,62,593/- towards the investment made

by the Informant (i.e., of Rs. 10 lakhs). He states that no amount is

payable to the Informant. He therefore submits that no case has been

made out against the Applicant.



5.      Mr. Sarang Aradhye, learned Advocate for the Applicant, on

instructions from the Applicant, states that the Applicant shall cooperate

with the investigation in Crime No. 238 of 2026 and shall appear before

the Investigating Officer at Vishrambag Police Station as and when

required.



6.      Mr. S. S. Chaudhari, learned APP for the Respondent – State,

submits that the allegations against the Applicant relate to non-payment

of the amounts invested with the Applicant.



7.      Perused the records with the assistance of the learned Advocates

for the parties.


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8.      A perusal of the FIR in Crime No. 238 of 2026 indicates that the

Informant (Sunil Balasaheb Salgar) claims to have paid Rs. 10 lakhs to

the Applicant. The FIR itself records the Informant's statement that the

Applicant has returned Rs. 15,62,593/- in respect of the said amount of

Rs. 10 lakhs. Thus, the FIR indicates that an amount of Rs. 5,62,593/-

has been paid in excess of the amount received by the Applicant.



9.      The FIR refers to amounts owed by another person (Satish

Jadhav) that the Applicant has not repaid. As on date, Satish Jadhav has

neither filed any complaint nor made any grievance regarding any

amounts invested with the Applicant or their non-return. Satish Jadhav

is not the Complainant in Crime No. 238 of 2026.



10.     Be that as it may, for the above reasons, the allegations against

the Applicant in Crime No. 238 of 2026 do not warrant custodial

interrogation.



11.     In view of the above, this Application is allowed on the following

conditions :-



           (a)    In the event of arrest of the Applicant in Crime

           No. 238 of 2026, registered with Vishrambag Police

           Station, the Applicant shall be released on bail upon
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        furnishing a PR bond of Rs. 1,00,000/- with one or

        two sureties in the like amount, to the satisfaction of

        the Investigating Officer of Vishrambag Police Station.



        (b)    Applicant shall appear and report to the

        Investigating Officer, Vishrambag Police Station, on

        5th, 6th and 7th October, 2026 from 10:00 am to 1.00

        p.m. and thereafter, as and when required by the

        Investigating Officer, in Crime No. 238 of 2026. The

        Applicant shall co-operate with the investigation in

        Crime No. 238 of 2026.



        (c)    Applicant shall not directly or indirectly make

        any inducement, threat or promise to any person/s

        acquainted with the facts of the case to dissuade such

        person/s from disclosing the facts to the Court or any

        police officer.



        (d)    Applicant shall not tamper with evidence in any

        manner.



        (e)    Applicant shall provide the Investigating Officer

        with his residential address along with proof, his
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                                contact   number,    email         and   must   inform   the

                                Investigating   Officer       of   any   changes   to    this

                                information from time to time.



                     12.     Anticipatory Bail Application No. 560 of 2026 is disposed of.



                                                                          (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.28
        21:33:05
        +0530




                     Arjun                                5


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