NITIN RAMESH KOTKARversusTHE STATE OF MAHARASHTRA

HEMANT
CHANDERSEN            H.C.SHIV                                              901.BA2109.26.DOC
SHIV
Digitally signed by
HEMANT
CHANDERSEN SHIV                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.08.10                      CRIMINAL APPELLATE JURISDICTION
18:17:07 +0300

                                        BAIL APPLICATION NO.2109 OF 2026

                      Nitin Ramesh Kotkar                                        …. Applicant
                            V/s.
                      The State of Maharashtra & Anr.                          …Respondents



                      Mr. Murtaza Najmi with Shambhu Jha, Farida Najmi, Nancy
                      Kanungo, Afsar Ansari, Suraj Pandey for the Applicant.
                      Mr. V. A. Kulkarni APP for Respondent No.1 – State.
                      Mr. B. B. Dubey for Respondent No.2.
                      Mr. John Pillai, PSI, Vile Parle police station present.



                                                   CORAM:        SHYAM C. CHANDAK, J.
                                                   DATED :       6th AUGUST, 2026
                      P.C. :-

                      1.         Present Application seeks release of the Applicant on bail in
                      connection with C.R. No.719 of 2024, registered with Vile Parle
                      police station, Mumbai for offence punishable under Sections 406,
                      420, 465, 468, 471, 474 and 34 of the Indian Penal Code, 1860 (for
                      short “I.P.C.”) on the report filed by Rakesh Gupta.

                      2.         Heard learned Counsel for the parties. Perused the record.

                      3.         The prosecution case is that the Applicant/A1 along with A2,
                      A3 and A4, in furtherance of their common intention, falsely
                      stated to the informant that they were well acquainted with higher
                      Officers of S.R.A. and promised the informant that they would get
                      him 4 Galas at Katyani Hights, Andheri East at a Flat, in
                      Jogeshwari Matha Co-operative Housing Society, Bandekarwadi
                      on cheaper rates. To impress upon the informant that the said
                      promise is genuine, the accused made a false bio-metric
                      registration of the informant purported to be done by the Officers
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of the S.R.A. and also shown him a fabricated and false document
of informant’s membership in Katyani Heights. Thereby, the
Applicant and his co-accused induced the informant to pay them
total amount of Rs.1,80,00,000/-. However, the accused persons
never gave the Gallas and the flat as promised nor returned the
money. Thus, they cheated the informant and misappropriated his
money. Therefore, the aforesaid crime came to be registered and
the Applicant was arrested. On completion of the investigation,
police submitted the charge-sheet. The trial Court and Sessions
Court declined to release the Applicant on bail. Therefore, he has
approached this Court.

4.         Mr.Najmi, learned Counsel for the Applicant submitted that
the FIR mentions that out of the disputed amount, Rs.9,00,000/-
were paid by cheque and rest of the amount of Rs.1,70,00,000/-
was paid in cash. However, this assertion is false because there is
no evidence as to how and when the Informant had arranged the
cash amount to pay the accused.                He further submitted that
accused Nitesh Ghosalkar has been granted ad-interim bail by this
Court and he has deposited Rs.10,00,000/- in the trial Court. The
Applicant has paid Rs.5,00,000/- by the demand draft to the
informant-Respondent No.2. Mr.Najmi, tendered an undertaking
given by wife of the Applicant Ms.Priya Nitin Kotkar that,
additionally, the Applicant will pay Rs.10,00,000/-              in three
installments within six weeks, i.e., Rs.2,50,000/- within a period
of two weeks, Rs.2,50,000/- within a period of next two weeks and
Rs.5,00,000/- within a period of next further two weeks, from the
date of release of the Applicant from the jail. The said undertaking
affirmed by the wife of the Applicant is taken on record and
marked “X”. As submitted by Mr. Najmai, payment of the said
amount will be without prejudice to the rights, contentions and

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defence to be raised by the parties in the trial Court and the
proceedings that may arise out of the said crime

5.         Mr. Dubey, the learned Counsel for the informant, on
instruction, state said proposal is acceptable to the informant and
he did not object the bail. The Applicant has one criminal
antecedents of the year 1995, but therein, he has been discharged
as stated by Mr.Najmi.

6.         In the backdrop and considering the investigation is over,
there is no hurdle to release the Applicant on bail. Hence, Order :-

           (i)    The Applicant – Nitin Ramesh Kotkar be released on
           bail in aforesaid FIR bearing C.R. No.719 of 2024 registered
           with Vile Parle police station, Mumbai, on his executing
           P.R. Bond in the sum of Rs.50,000/- with one or two
           sureties in the like amount.

           (ii)   As voluntarily undertaken by the Applicant through
           his wife, the Applicant shall pay Rs.10,00,000/- to
           Respondent No.2 within six weeks from the date of his
           release from jail.

                  The entire payment of Rs.15,00,000/- by the
           Applicant as above, is without prejudice to the rights,
           contentions and defence to be raised by the parties in the
           trial Court and the proceedings arising out of the said crime.

           (ii)   The Applicant shall mark his attendance at Vile Parle
           police station, Mumbai on 1 st day of each calender month
           between 11:00 a.m. to 2:00 p.m. till conclusion of the trial.




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           (iii) The Applicant shall regularly attend the proceedings
           before the jurisdictional Court unless exempted by the said
           Court, for the reasons to be recorded in writing.

           (iv)   The Applicant shall not tamper with the prosecution
           evidence and shall not directly or indirectly influence upon
           the prosecution witnesses to prevent them from deposing
           against him.

           (v)    On being released from jail, the Applicant shall
           furnish his contact number and residential address to the
           Investigating Officer and shall keep him updated, in case
           there is any change.

           (vi)   The Applicant shall not indulge in identical activities
           for which he has been arraigned in this case.

           (vii) By way of abundant caution, it is clarified that the
           observations made hereinabove are confined for the
           purpose of determination to the entitlement for bail and
           they may not be construed as an expression of opinion on
           the guilt or otherwise of the Applicant and the trial Court
           shall not be influenced by any of the observations made
           hereinabove.

7.         Bail Application stands disposed of in aforesaid terms.



                                    (SHYAM C. CHANDAK, J.)




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