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Bombay High Court

DNYANESHWAR TRINBAK YADAVversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted to the applicant subject to a personal bond, surety and specified financial and reporting conditions.

Summary

The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Dnyaneshwar Trimbak Yadav (Accused No.2) in a case alleging cheating of Rs.52 lakh from seven depositors, with charges under IPC Sections 406, 420 and 34. The applicant contended that the primary culpability lay with his younger brother (Accused No.1) and that he merely served as a director of the company, while his wife offered to deposit Rs.10 lakh immediately and an additional Rs.15 lakh within a year as security. The court noted that bail should not be granted solely on a promise of deposit but observed that the charge‑sheet did not specifically implicate the applicant and that the wife’s undertaking could be treated as the applicant’s. Consequently, the court granted bail subject to a personal bond, surety, and a series of financial, reporting and conduct conditions. The order expressly limited its observations to bail and refrained from commenting on the merits of the underlying criminal allegations.

Issues considered

  • Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving offences under IPC Sections 406, 420 and 34
  • Whether the applicant's alleged role as a director and limited involvement warrants denial of bail
  • Whether a financial undertaking by the applicant's spouse suffices as a condition for bail

Legislation cited

Subjects

  • bail
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • IPC 406
  • IPC 420
  • IPC 34
  • financial undertaking
  • criminal procedure

Judgment

                                                                           23.BA.1832.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.1832 OF 2026

              Dnyaneshwar Trimbak Yadav                               .. Applicant
                         Versus
              The State of Maharashtra                                .. Respondent
                                        ....................
               Mr. Bhushan Raut, Advocate for Applicant.
               Mr. Sukanta A. Karmakar, APP for Respondent.
               PSI – Ganesh Sitaram Musle, Dighi Police Station.
               Dnyaneshwari Dnyaneshwar Yadav, wife of Applicant.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : AUGUST 24, 2026
              P.C.:

              1.        Heard Mr. Raut, learned Advocate for Applicant and Mr. Mr.

              Karmakar, learned APP for Respondent.


              2.        This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.490 of 2025 registered with Dighi Police Station for offences

              punishable under Sections 406, 420 and 34 of the Indian Penal Code,

              1860. Applicant is arraigned as Accused No.2.


              3.        At the outset, Mr. Raut would seek to amend the name

              recorded in the cause title of the Applicant - ‘Dnyaneshwar Trinbak

              Yadav’ as ‘Dnyaneshwar Trimbak Yadav’.              Necessary amendment is

              permitted to be carried out within a period of one week from today.

              Reverification stands dispensed with.

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4.       The principal protagonist in the present case is Accused No.1

who is the younger brother of the Applicant. Accused No.3 has already

been enlarged on anticipatory bail by this Court. Charge against the

Accused persons is for amassing rather seeking investment of total

amount of Rs.52 Lakhs from 7 Depositors. Charge-sheet is filed and in

so far as role attributed to the present Applicant who is Accused No.2

is concerned, Mr. Raut persuades me to consider that in the entire

charge-sheet all allegations with regard to receipt of monies are

attributed to his younger brother who is arraigned as Accused No.1.


5.       He would submit that Accused No.2 was running a kirana

shop and was made Director of the Company by his younger brother.

He would submit that the wife of the present Applicant has filed an

Affidavit dated 12.08.2026 which is placed on record wherein she has

submitted that without prejudice to the rights and contentions, she is

ready and willing to deposit Rs.10,00,000/- with the Registrar General

of this Court to show bonafides of Accused No.2 – her husband. The

said Demand Draft is brought in the Court by Mr. Raut.         She has

further submitted that she may be put to terms and on taking

instructions Mr. Raut would submit that she has also stated in the

Affidavit that further sum of Rs.15,00,000/- would be deposited by her

and Accused No.2 after his release within a period of one year from

today.



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6.        Though this Court is completely conscious of the fact that

bail should not be granted on the basis of promise to make deposit, the

facts in the present case prima facie persuade me to consider the case

of Applicant. In the entire charge-sheet, Accused No.2 namely

Applicant’s role is not highlighted. The only nexus of Accused No.2

who is principal Accused No.1 is that he had received some funds from

his younger brother and he was shown Director of the Company which

was run by Accused No.1. Accused No.3 was infact instrumental in

seeking the deposits and is already enlarged on bail. The undertaking

given by wife of Applicant is therefore is considered as an undertaking

given by Applicant also. In that view of the matter, considering the

aforesaid submissions made by Mr. Raut and the bonafides to make

payment of Rs.10,00,000/- by Applicant upfront and his wife, I am

inclined to allow the Application.


7.        Considering the aforesaid, Applicant has made out case for

grant of bail subject to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 409 of 2025;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

                Thousand only) with one surety of the like amount;




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(iii) Payment of Rs.10,00,000/- by way of Demand Draft is

     directed to be accepted by the Registrar, Appellate Side

     and directed to be sent to the Trial Court after the same

     is encashed in the present case;

(iv) Applicant is directed to pay Rs.15,00,000/- in four

     equated installments every quarter (3 months) before

     the Trial Court;

(v) After release of Applicant from jail, within a period of

     two weeks Applicant is directed to file undertaking for

     ensuring that the balance Rs.15,00,000/- will be paid

     by him as directed in this order before the concerned

     Trial Court;

(vi) Applicant shall report to the Investigating Officer at the

     concerned Police Station, once every month on the first

     Monday of the month between 10:00 a.m. to 12:00

     p.m.;

(vii) Applicant shall co-operate with the conduct of trial and

     attend the Trial Court on all dates, unless specifically

     exempted       and   will   not   take   any   unnecessary

     adjournments, if he does so it will entitle the

     prosecution to apply for revocation of this order;

(viii)Applicant shall not leave the State of Maharashtra

     without prior permission of the Trial Court;

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                                           (ix) Applicant shall not influence with any of the witnesses

                                                or tamper with the evidence in any manner;

                                           (x) Applicant shall keep the Investigating Officer informed

                                                of his current address and mobile contact number and /

                                                or change of residence or mobile details, if any, from

                                                time to time, as applicable; and

                                           (xi) Any infraction of the conditions shall entail cancellation

                                                of bail granted to the Applicant.

                         8.                It is clarified that the observations made in this order are

                         limited for the purpose of granting Bail only and I have not made any

                         observations on merits of the case. The trial shall be adjudicated on

                         the strength of the evidence led and strictly on its own merits being

                         uninfluenced with any of the prima facie observations made

                         hereinabove in this order.


                         9.                Bail Application is allowed and disposed of in the above

                         terms.



H. H. SAWANT                                                             [ MILIND N. JADHAV, J. ]



                        Digitally signed
           HARSHADA by HARSHADA
                    HANUMANT
           HANUMANT SAWANT
           SAWANT   Date: 2026.08.24
                        20:37:54 +0530




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