Bombay High Court

CHANDRAKANT MILIND JONDHALEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The court granted anticipatory bail to the applicant with specified conditions.

Summary

Chandrakant Milind Jondhale, a field assistant, was implicated in a FIR alleging misappropriation of Rs.1,52,374 by collecting money from members and failing to deposit it, invoking Sections 409 and 420 of the IPC. The applicant contended that he had no authority to collect funds and that the allegations were false, noting he had already deposited Rs.75,000 as a sign of bonafide. The State opposed bail, relying on the FIR and an audit report, while the applicant argued the absence of witness statements indicated a false implication. The court examined the necessity of anticipatory bail under Section 438 CrPC, considering the risk of tampering with evidence and the applicant's cooperation. It granted anticipatory bail with a Rs.15,000 personal bond, a surety, and conditions including attendance at the police station, non‑contact with witnesses, and keeping the Rs.75,000 in fixed deposit pending trial.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 438 of the CrPC in view of allegations under Sections 409 and 420 IPC.
Whether there is sufficient ground for arrest given the lack of witness statements and alleged false implication.
Whether the applicant poses a risk of tampering with evidence or influencing witnesses.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438
Indian Penal Code, 1860 — s. 409, 420

Subjects

anticipatory bail
misappropriation
IPC 409
IPC 420
Section 438 CrPC
false implication
bail conditions
witness tampering

Judgment

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                                                          aba633.26.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

      919 ANTICIPATORY BAIL APPLICATION NO. 633 OF 2026

Chandrakant Milind Jondhale                       ….Applicant

VERSUS

The State of Maharashtra & another                …..Respondents

Mr. S. B. Ghatol Patil, Advocate for Applicant
Ms. P. J. Bharad, APP for the State.

                                  CORAM : R. M. JOSHI, J.
                                  DATE : 21st AUGUST, 2026.
PER COURT :


1.    Applicant seeks pre-arrest bail in connection with Crime No.

0497/2025     registered   with    Shevgaon   Police   Station,   District

Ahilyanagar, for the offences punishable under Sections 409, 420 of

Indian Penal Code.



2.    The gist of the First Information Report is that the present

Applicant is said to have collected money from the members and not

deposited the same with the bank during the period from 01.09.2022

to 28.12.2023.       Thus, there is allegation that he has mis-

appropriated a sum of Rs. 1,52,374/-.
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3.    Learned Counsel for Applicant submits that the Applicant was

working as a Field Assistant and that it was not his responsibility to

collect any money from the depositors. It is his submission that only

for the reason that there is mis-appropriation of funds in the

institution, false report came to be lodged against the Applicant. He

further submits that in order to show bonafides of the Applicant, the

Applicant has already deposited sum of Rs. 75,000/-.



4.    Learned APP opposed grant of any protection to the Applicant

by referring to the allegations against him in the First Information

Report so also audit report.



5.    If there is allegation against the Applicant that he collected

cash from the depositors and failed to deposit the same into the

account of the institution, it is absolutely necessary that statements

of such witnesses are recorded.      This offence is registered in the

month of June 2025.        For a period of about one year, no such

statements are there. This indicates there is reason to believe that

this could be a false implication of the Applicant in the crime. Hence,

liberty of the Applicant is protected in following terms :-
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                                                   aba633.26.odt



                            ORDER

(i)      In the event of arrest of applicant Chandrakant
Milind     Jondhale,   in    connection   with   Crime   No.
0497/2025 registered with Shevgaon Police Station,
District Ahilyanagar, for the offences punishable under
Sections 409, 420 of Indian Penal Code. he be released
on bail on furnishing PR Bond of Rs. 15,000/-
(Rs. Fifteen Thousand only) with one surety in the like
amount.


(ii)     He shall attend the concerned police station as
and when called.


(iii)    He   shall not contact the witnesses directly or
indirectly.


(iv)     He shall not interfere with the evidence in any
manner whatsoever.


(v)      He    is   further directed to cooperate the
investigating agency for further investigation.


(vi)     The amount of Rs. 75,000/- be kept in Fixed
Deposit and it would be subject to the outcome of the
trial.
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                                                   aba633.26.odt

      (vii)   Learned APP to communicate this order to the
      concerned Investigating Officer.



                                            ( R. M. JOSHI, J.)

dyb

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