NITESH SHANTILAL MEHTA AND ORSversusTHE STATE OF MAHARASHTRA

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        Digitally
        signed by
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        KANCHAN
KANCHAN VINOD
VINOD   MAYEKAR
MAYEKAR Date:
        2026.10.03
        15:38:05
                                     CRIMINAL APPELLATE JURISDICTION
        +0530



                                ANTICIPATORY BAIL APPLICATION NO. 631/2026

                     1. NITESH SHANTILAL MEHTA

                     2. MUKTA NITESH MEHTA

                     3. SHANTILAL PANNALAL MEHTA

                     4. BHARAT JAIN                                    ….. APPLICANTS

                           VS

                     THE STATE OF MAHARASHTRA & ANR.                   …. RESPONDENTS

                     Adv. Pranav Avhad a/w. Adv. Darshna Naval for the Applicants.

                     Ms. Geeta P. Mulekar, APP for the Respondent – State.

                     Dr. Sujay Kantawala a/w. Adv. Aishwarya Kantawala, Adv. Rizwan
                     Shaikh i/b. Jeffry Caleb for the Respondent No.2.

                     PSI D. P. Mane, Kasturba Marg Police Station, Mumbai present.

                                              CORAM : PRAFULLA S. KHUBALKAR, J.
                                              DATE : 1ST OCTOBER, 2026

                     P.C. :-

                     1)           Heard learned counsel for the applicant as well as

                     learned APP for the respondent – State, so also learned counsel for the

                     respondent no.2.

                     2)           The applicants have filed the instant application seeking

                     pre-arrest bail in connection with FIR No. 35 of 2026 registered with
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Kasturba Marg Police Station, Mumbai for the offence under Sections

3(5), 316(2), 318(4) and 351(2) of the Bharatiya Nyaya Sanhita,

2023 (for short ‘BNS’).

3)          Learned counsel for the applicants submits that the

offence is registered against the applicants on the basis of the

allegations by the complainant with respect to certain business

transactions which are related to gold weighting 4.6 kg and certain

other cash transactions. He submits that although offence came to be

registered with respect to the commercial transactions, the applicants

have expressed desire to resolve the controversy, which was expressly

communicated to this Court as recorded in order dated 12 th June,

2026. Learned counsel for the applicants submits that in accordance

with the readiness expressed by the applicants to handover gold and

pay certain amount to the complainant as mentioned in para no.3 of

the said order, the compliances have been done.

4)          Learned counsel for the respondent no.2 does not dispute

that the compliances as per paragraph no.3 of the order dated 12 th

June, 2026 have been done, although necessary certificate of ‘24

Carets’ has not been made available. He therefore does not oppose

confirmation of interim protection.

5)          Apart from above aspects, it has to be noted that although
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offence is registered against these applicants, a notice under Section

35(3) was served upon the applicants and they have expressed

readiness to join the investigation and accordingly, it is pointed out

that the applicants have co-operated the Investigation Agency.

Learned APP does not dispute this contention.

6)          Considering the nature of offence and the conduct of the

applicants in resolving the controversy as per the commitments,

mentioned in para 3 of the order dated 12 th June, 2026, at this stage,

the personal liberty of these applicants needs to be protected by

confirming the interim protection.

7)          Accordingly, the interim protection granted by order

dated 12th June, 2026 is confirmed. In view of this, following order is

passed :-

                               ORDER

       (a) Anticipatory bail application is allowed.

       (b) In the event of arrest of these applicants in FIR

       No.35 of 2026 registered with Kasturba Marg Police

       Station, Mumbai for the offence under Sections 3(5),

       316(2), 318(4) and 351(2) of the BNS, they be released

       on bail on furnishing P.R.Bond of Rs.25,000/- each with

       one solvent surety in the like amount.
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       (c) The applicants are directed to attend the police

       station as and when called upon by the Investigating

       Agency.

       (d) The applicants shall extend co-operation during

       investigation and trial.

       (e) The applicants shall not pressurize or influence the

       prosecution witnesses directly or indirectly.


8)             Anticipatory bail application is accordingly allowed and

disposed of.



                                         [PRAFULLA S. KHUBALKAR, J.]