Bombay High Court

ANAND VIJAYKUMAR KUKDEJAversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court allowed the anticipatory bail application, directing release on bond with specified conditions.

Summary

Anand Vijaykumar Kukdeja applied for anticipatory bail in connection with a case alleging that gold pledged for a loan was spurious, violating Sections 318(4), 316(2) r/w 3(5) of the Bharatiya Nyaya Sanhita. The FIR states he obtained a loan of Rs.8.65 lakh, but the gold verification was conducted without notice to him or the valuers. The applicant argued that the lack of notice rendered the verification flawed and that he had already deposited Rs.8 lakh towards the loan. The State opposed bail, relying on the FIR allegations. The court found the procedural lapse significant and, considering the applicant’s voluntary deposit, granted anticipatory bail with a bond of Rs.15,000, a surety, and conditions restricting contact with witnesses and interference with evidence.

Issues considered

Whether anticipatory bail should be granted in view of alleged procedural irregularities in gold verification
Whether the applicant’s deposit of Rs.8 lakh mitigates the alleged offence under the Bharatiya Nyaya Sanhita
Whether the offences under Sections 318(4), 316(2) r/w 3(5) of the Bharatiya Nyaya Sanhita warrant denial of bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 3(5)

Subjects

anticipatory bail
procedural irregularity
gold loan fraud
Bharatiya Nyaya Sanhita
bail conditions
deposit

Judgment

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

           919 ANTICIPATORY BAIL APPLICATION NO. 942 OF 2026

                        ANAND VIJAYKUMAR KUKDEJA
                                    VERSUS
               THE STATE OF MAHARASHTRA AND ANOTHER
                                      ...
Ms. Ashwini P. Patil h/f Mr. Sudarshan J. Salunke, Advocate for Applicant
Mr. N. R. Dayama, APP for the Respondent/State

                                            CORAM : R. M. JOSHI, J.
                                            DATED     : 9th SEPTEMBER, 2026

PER COURT :-

1.    Applicant seeks pre-arrest bail in connection with Crime No. 219/2025,

registered with Beed City Police Station, District Beed, for the offences

punishable under Sections 318(4), 316(2) r/w 3(5) of the Bharatiya Nyaya

Sanhita.


2.    The First Information Report indicates that the gold pledged with the

Bank was verified and it was found that, in respect of the customers

mentioned in the First Information Report, the gold pledged by them was

spurious. As far as the present applicant is concerned, it is alleged that he had

obtained a loan of Rs.8,65,000/-.


3.    Learned Advocate for the applicant submits that, at the time of re-

verification of the gold, no notice was given to the applicant, nor was the re-


919 ABA 942.2026.odt                                                       1 of 3
verification conducted in his presence. It is her contention that, in any case,

since the amount of Rs.8,65,000/- was obtained by way of loan, the applicant

has already deposited a sum of Rs.8 lakhs before the Trial Court. To support

her submission, she has placed reliance on the copy of the deposit receipt.


4.    Learned APP for the State opposed the grant of any protection to the

applicant by referring to the allegations against the applicant in the First

Information Report.


5.    Prima facie, perusal of the First Information Report indicates that no

notice was given to the valuers as well as the customers before the verification

of the gold. This is a major flaw in the entire exercise conducted by the Bank.

In any case, the applicant has voluntarily deposited Rs.8 lakhs against the

alleged loan of Rs.8,65,000/-. Hence, his liberty deserves to be protected.

Hence, the following order.

                                     ORDER

            (i)     Application is allowed.

            (ii) In the event of arrest of applicant in connection with
            Crime No. 219/2025, registered with Beed City Police Station,
            District Beed, for the offences punishable under Sections
            318(4), 316(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, he
            shall be released on bail on furnishing PR Bond of Rs.15,000/-
            (Rupees Fifteen Thousand only) with one solvent surety in the
            like amount.

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


919 ABA 942.2026.odt                                                        2 of 3
            (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.

6.    Learned APP for the Respondent/State to communicate this order to
the concerned Police Station.



                                                  ( R. M. JOSHI, J.)
ssp




919 ABA 942.2026.odt                                                   3 of 3

Continue reading with your account

Checking your session…