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Bombay High Court

VINAYAK DNYANESHWAR MARATHEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that bail should be granted to the applicant, subject to strict conditions.

Summary

The applicant, Vinayak Dnyaneshwar Marathe, was arrested in connection with a large‑scale investment fraud alleged under the MPID Act, the Banning of Unregulated Deposit Schemes Act and several provisions of the Bharatiya Nyaya Sanhita (BNS). The complainant claimed that Marathe, as a director and marketing agent of Infinite Beacon Pvt. Ltd., induced investors to deposit money in schemes promising high returns and subsequently diverted funds to his personal bank accounts. The prosecution sought to deny bail, arguing that the offences amounted to cheating under Section 318(4) BNS and that the applicant might abscond. The defence contended that Marathe was falsely implicated, had resigned from the company, and that there was no direct evidence of his participation in the fraud. The court examined the distinction between cheating and criminal breach of trust, concluding that the case, if any, would fall under cheating, and noted the lengthy trial and lack of immediate risk of absconding. Accordingly, the court granted bail with stringent conditions.

Issues considered

  • Whether the applicant is entitled to bail under Section 483 of the Bharatiya Magarik Suraksha Sanhita, 2023 in view of the alleged cheating offences.
  • Whether the alleged conduct constitutes cheating under Section 318(4) BNS or criminal breach of trust under Section 316(5) BNS.
  • Whether the applicant poses a risk of absconding or tampering with evidence.

Legislation cited

Subjects

  • bail
  • economic offence
  • cheating
  • criminal breach of trust
  • investment fraud
  • Section 483 BNSS
  • high court
  • bail conditions
  • financial scam

Judgment

                                                                 BA.2949.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 2949 OF 2026

       Mr. Vinayak Dnyaneshwar Marathe                    .. Applicant
             Versus
       State of Maharashtra                               .. Respondent

                                    ....................
        Mr. Niranjan Mundargi a/w. Mr. Namit Khandage, Ms. Keral Mehta
         i/b. Jinal Garasia, Advocates for Applicant.
        Mr. Amit A. Palkat, APP for Respondent – State.
        Mr. Chetan More, API - EOW, Pune.
                                    ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 09, 2026.

       P.C.:

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

       Mr. Palkar, learned APP for Respondent – State.


       2.       Present Application is filed under Section 483 of Bharatiya

       Magarik Suraksha Sanhita, 2023 (BNSS) seeking enlargement on bail

       in respect of FIR being CR No.118 of 2025 registered at Shivajinagar

       Police Station, Pune for the offences punishable under Sections 3 and 4

       of the Maharashtra Protection of Interest of Depositors Act, 1999

       (MPID Act) and Sections 21 and 23 of the Banning of Unregulated

       Deposit Schemes Act, 2019 along with Sections 111, 3(5), 61(2), 229,

       316(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS)

       against Applicant and other accused persons.


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3.       Briefly stated, Complainant is one Amit Chandrashekar

Borase. One Anand Ramrao Raut informed Complainant that his

acquaintance one Navnath Awtade was a stock broker and invested

monies of numerous investors in the share market and delivered high

returns. In September 2023, Complainant along with Anand Raut went

to the office of Navnath Awtade and he informed Complainant that he

along with 7 other persons were directors in a stock broking firm

namely Infinite Beacon India Pvt. Ltd. bearing SEBI Registration

No.00003119383 and Bombay Stock Exchange Registration No.6818

which was an expert in share trading and investments earning returns

upto 6% to 8% per month. Navnath Awtade informed Complainant

that he could check details of his investment on Tredz Investment Pvt.

Ltd. app and on the 30th of every month he could withdraw his

investment which would then be credited to his account before the

10th day of the following month.


3.1.     Complaint registered himself on Tredz Investment Pvt. Ltd.

app and invested Rs.1,00,000/- on 03.10.2023 and Rs.11,00,000/-

24.11.2026. On 02.07.2024, Complainant subsequently withdrew

amounts of Rs.11,98,266 and Rs.18,50,000/-. Thereafter, Complainant

invested Rs.2,75,50,000/- between 21.02.2024 and 30.07.2024. In

April 2025, Complainant was in need of funds and attempted to

withdraw his investment with interest however the same was not

credited within the promised period. Complainant attempted to

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contact Navnath Awtade and other directors however he could not do

so. Complainant conducted inquiries into Navnath Awtade and Infinte

Beacon Pvt. Ltd. and realised that they had duped him alongwith other

investors by luring them to invest sums of money and receive high

returns. Therefore, Complainant filed present complaint against

Applicant and 7 other persons. Applicant filed Bail Application No.706

of 2026 before the Additional Sessions Judge, Pune which came to be

rejected by Order dated 08.06.2026. Hence present Application.


4.        Mr. Mundargi, learned Advocate for Applicant would submit

that Applicant is falsely implicated in the present case, that there are

no allegations against Complainant, that there is no involvement of

Applicant in the present crime, that he is not concerned with the

functioning of Tredz Investment Pvt. Ltd., that he did not receive any

amount in his bank account and that there is a delay of more than 4

months in filing the FIR.


4.1.      He would submit that Applicant was one of the Directors of

Infinite Beacon Pvt. Ltd. which was incorporated on 20.07.2023. He

would submit that Applicant resigned as Director from Infinite Beacon

Pvt. Ltd. on 22.02.2025. He would submit that Infinite Beacon Pvt. Ltd.

has not conducted any transaction since it was incorporated which is

manifest from perusal of the Registrar of Companies records. He would

submit that Complainant failed to mention name of Applicant in the



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FIR and that all investments were made at the behest of Navnath

Awtade only.


4.2.     He would submit that Applicant along with his family has

invested a sum of Rs.83,06,905/- in Infinite Beacon Pvt. Ltd. which

was not returned to them and his wife filed a complaint with Pimpri

Chinchwad Police Station on 20.07.2025. He would submit that

chargesheet is filed and investigation is over hence there can be no

opportunity for Applicant to tamper with evidence and further

detention of Application is unwarranted. He would submit that

Applicant was not acting as an agent of the Company or any investor

and therefore Section 316(4) of BNS is not applicable. He would

submit that Police authorities have seized immovable property worth

Rs.3.5 crores owned by Applicant hence there is no chance of

Applicant absconding as he has deep roots in Society.


4.3.     He would submit that there are more that 500 witnesses to

be examined as per the chargesheet and hence there is no possibility of

early conclusion of trial and further detention of Application will

amount to pre-trial detention. He would submit that Application is

ready and willing to deposit 50% of amount alleged to have received

by him in this Court. He would urge me to enlarge Applicant on bail on

any condition that this Court deems necessary to impose.


5.       Mr. Palkar, learned APP for Respondent State would submit


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that Applicant and other accused persons played a large scale fraud on

investors by opening multiple companies and luring unsuspecting

investors with high returns. He would submit that Applicant along with

other accused persons appointed 514 franchisees and 13577 agents to

collect monies from various investors and that large sums of money

transfers are transferred between various accounts. He would submit

that nearly 520 investors were duped amounting to Rs.294.34 crores.

He would submit that Applicant was director of Infinite Beacon Pvt.

Ltd. and he received Rs.4.59 crores into his HDFC and ICICI Bank

accounts from Infinite Beacon Pvt. Ltd. which are investments

deposited by investors being diverted to Applicant’s bank account. He

would submit that all co-accused persons are absconding and hence

there is all likelihood that Applicant may jump bail. He would urge this

Court to deny grant of bail to Applicant on the basis of these

submissions.


6.        I have heard the learned Advocates appearing for the parties

and with their able assistance, perused the record of the case.

Submissions made by learned Advocates at the bar have received due

consideration of the Court.


7.        Perusal of the material on record would show that

Complainant alongwith other investors invested in Infinite Beacon Pvt.

Ltd. since 2023 and were getting the benefits therefrom regularly.



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Prosecution case is that the investors were lured and induced by the

Applicant and other accused persons to invest into the schemes floated

by their Companies by promising high rates of interest. Hence it can be

deduced that the case of prosecution at the highest can be for cheating

under Section 318(4) of BNS.


8.               It is trite law that offence of cheating and criminal breach of


trust cannot co-exist simultaneously. In this context reference is made

to a decision of the Supreme Court in the case of Delhi Race Club

(1940) Ltd. and Ors. Vs. State of Uttar Pradesh and Anr. 1 wherein in

paragraph Nos.24 to 30 the Court has laid down the distinction

between offence of cheating and criminal breach of trust. Paragraph

Nos. 24 to 30 read thus:-

                 "DIFFERENCE BETWEEN CRIMINAL BREACH OF TRUST AND
                 CHEATING
                 24. This Court in its decision in S.W. Palanitkar & Ors. v. State
                 of Bihar & Anr. reported in (2002) 1 SCC 241 expounded the
                 difference in the ingredients required for constituting an of
                 offence of criminal breach of trust (Section 406 IPC) viz-a-viz
                 the offence of cheating (Section 420). The relevant observations
                 read as under: -
                         “9. The ingredients in order to constitute a criminal breach
                         of trust are: (i) entrusting a person with property or with
                         any dominion over property,(ii) that person entrusted (a)
                         dishonestly misappropriating or converting that property
                         to his own use; or (b) dishonestly using or disposing of
                         that property or wilfully suffering any other person so to
                         do in violation (i) of any direction of law prescribing the
                         mode in which such trust is to be discharged, (ii) of any
                         legal contract made, touching the discharge of such trust.
                         10. The ingredients of an offence of cheating are: (i) there
                         should be fraudulent or dishonest inducement of a person
                         by deceiving him, (ii)(a) the person so deceived should be

1    Criminal Appeal No. 3114 of 2024 decided on 23.08.2024



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      induced to deliver any property to any person, or to
      consent that any person shall retain any property; or (b)
      the person so deceived should be intentionally induced to
      do or omit to do anything which he would not do or omit
      if he were not so deceived; and (iii) in cases covered by
      (ii)(b), the act of omission should be one which causes or
      is likely to cause damage or harm to the person induced in
      body, mind, reputation or property.”
25. What can be discerned from the above is that the offences
of criminal breach of trust (Section 406 IPC) and cheating
(Section 420 IPC) have specific ingredients.
In order to constitute a criminal breach of trust (Section 406
IPC): -
1) There must be entrustment with person for property or
dominion over the property, and
2) The person entrusted: -
      a) dishonestly misappropriated or converted property to
      his own use, or
      b) dishonestly used or disposed of the property or willfully
      suffers any other person so to do in violation of:
      i. any direction of law prescribing the method in which the
      trust is discharged; or
      ii. legal contract touching the discharge of trust (see:
      S.W.P. Palanitkar (supra).
Similarly, in respect of an offence under Section 420 IPC, the
essential ingredients are: -
1) deception of any person, either by making a false or
misleading representation or by other action or by omission;
2) fraudulently or dishonestly inducing any person to deliver
any property, or
3) the consent that any persons shall retain any property and
finally intentionally inducing that person to do or omit to do
anything which he would not do or omit (see: Harmanpreet
Singh Ahluwalia v. State of Punjab, (2009) 7 SCC 712 : (2009)
Cr.L.J. 3462 (SC))
26. Further, in both the aforesaid sections, mens rea i.e.
intention to defraud or the dishonest intention must be present,
and in the case of cheating it must be there from the very
beginning or inception.
27. In our view, the plain reading of the complaint fails to
spell out any of the aforesaid ingredients noted above. We may
only say, with a view to clear a serious misconception of law in
the mind of the police as well as the courts below, that if it is a
case of the complainant that offence of criminal breach of trust
as defined under Section 405 of IPC, punishable under Section
406 of IPC, is committed by the accused, then in the same
breath it cannot be said that the accused has also committed the

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offence of cheating as defined and explained in Section 415 of
the IPC, punishable under Section 420 of the IPC.
28. Every act of breach of trust may not result in a penal
offence of criminal breach of trust unless there is evidence of
manipulating act of fraudulent misappropriation. An act of
breach of trust involves a civil wrong in respect of which the
person may seek his remedy for damages in civil courts but, any
breach of trust with a mens rea, gives rise to a criminal
prosecution as well. It has been held in Hari Prasad Chamaria v.
Bishun Kumar Surekha & Ors., reported in (1973) 2 SCC 823 as
under:
      “4. We have heard Mr. Maheshwari on behalf of the
      appellant and are of the opinion that no case has been
      made out against the respondents under Section 420
      Penal Code, 1860. For the purpose of the present appeal,
      we would assume that the various allegations of fact
      which have been made in the complaint by the appellant
      are correct. Even after making that allowance, we find
      that the complaint does not disclose the commission of
      any offence on the part of the respondents under Section
      420 Penal Code, 1860. There is nothing in the complaint
      to show that the respondents had dishonest or fraudulent
      intention at the time the appellant parted with Rs.
      35.000/- There is also nothing to indicate that the
      respondents induced the appellant to pay them Rs.
      35,000/- by deceiving him. It is further not the case of the
      appellant that a representation was made, the respondents
      knew the same to be false. The fact that the respondents
      subsequently did not abide by their commitment that they
      would show the appellant to be the proprietor of Drang
      Transport Corporation and would also render accounts to
      him in the month of December might create civil liability
      on the respondents for the offence of cheating.”
29. To put it in other words, the case of cheating and
dishonest intention starts with the very inception of the
transaction. But in the case of criminal breach of trust, a person
who comes into possession of the movable property and receives
it legally, but illegally retains it or converts it to his own use
against the terms of the contract, then the question is, in a case
like this, whether the retention is with dishonest intention or
not, whether the retention involves criminal breach of trust or
only a civil liability would depend upon the facts of each case.
30. The distinction between mere breach of contract and the
offence of criminal breach of trust and cheating is a fine one. In
case of cheating, the intention of the accused at the time of
inducement should be looked into which may be judged by a
subsequent conduct, but for this, the subsequent conduct is not
the sole test. Mere breach of contract cannot give rise to a
criminal prosecution for cheating unless fraudulent or dishonest
intention is shown right from the beginning of the transaction
i.e. the time when the offence is said to have been committed.


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         Therefore, it is this intention, which is the gist of the offence.
         Whereas, for the criminal breach of trust, the property must
         have been entrusted to the accused or he must have dominion
         over it. The property in respect of which the offence of breach of
         trust has been committed must be either the property of some
         person other than the accused or the beneficial interest in or
         ownership’ of it must be of some other person. The accused
         must hold that property on trust of such other person. Although
         the offence, i.e. the offence of breach of trust and cheating
         involve dishonest intention, yet they are mutually exclusive and
         different in basic concept. There is a distinction between
         criminal breach of trust and cheating. For cheating, criminal
         intention is necessary at the time of making a false or
         misleading representation i.e., since inception. In criminal
         breach of trust, mere proof of entrustment is sufficient. Thus, in
         case of criminal breach of trust, the offender is lawfully
         entrusted with the property, and he dishonestly misappropriated
         the same. Whereas, in case of cheating, the offender
         fraudulently or dishonestly induces a person by deceiving him to
         deliver any property. In such a situation, both the offences
         cannot co-exist simultaneously.”


9.       From the above it can be deduced that the grievance of

Complainant in the present case would at the most lie for offence of

cheating under Section 318(4) BNS and not criminal breach of trust

under Section 316(5) of BNS because of the alleged dishonest

intention of Applicant and other accused persons to lure investors and

dupe them with investment schemes promising high returns. It is

prosecution’s case that Applicant has alleged diverted funds into

certain his bank account and thereby allegedly received undue benefit

from the investments made by the investors.


10.      It is seen that the role attributed to Applicant is that he was

employed as marketing agent in Infinite Beacon Pvt. Ltd. where he

introduced schemes for investment to potential investors and earned

commission from those who invested their monies into Infinite Beacon

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Pvt. Ltd.. However prima facie there is no material on record to show

his direct complicity in the crime. It is further seen that the

Investigating Officer attached assets valued at Rs.3.72 crores belonging

to Applicant. Chargesheet is filed before the Trial Court and it lays out

more than 500 witnesses to be examined. Trial has commenced and is

at the stage of framing of charge therefore there is no possibility of the

Trial concluding the near future. In this regard, support is drawn from

the decision of the Supreme Court in the case of Sanjay Chandra Vs.

Central Bureau of Investigation2 wherein the Court has held that in

economic offences while considering an application for bail, the nature

of charge may be relevant but at the same the punishment to which the

party may be liable, if convicted is also a significant aspect and

therefore both, the seriousness of the charge and the severity of the

punishment should be taken into consideration for arriving at decision

of grant of bail. It further observed that deprivation of liberty must be

considered a punishment unless it is absolutely necessary in the

interest of justice and that object of bail is merely to secure appearance

of accused at the trial.


11.           In view of the above prima facie observations and facts

delineated herein above, Applicant before me is entitled for bail. Bail

Application is allowed on the following terms and conditions:-


              (i)     Applicant - Vinayak Dnyaneshwar Marathe is directed
2   (2012) 1 SCC 40



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     to be released on bail on furnishing P.R. Bond in the

     sum of Rs.50,000/- with one or two sureties in the like

     amount;


(ii) Applicant is permitted to furnish provisional cash bail of

     Rs.50,000/- for his release immediately and file

     undertaking that he will provide one or two sureties in

     the like amount of Rs.50,000/- within a period of four

     weeks after his release which shall be accepted by the

     Trial Court. Applicant shall provide sureties as directed;


(iii) Applicant shall report to the Investigating Officer of the

     concerned Police Station once every month on the third

     Sunday between 10:00 a.m. to 12:00 p.m. for the first

     one year and thereafter as and when called;


(iv) 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 cancellation of this order;


(v) Applicant shall not leave the Country without prior

     permission of the Trial Court;


(vi) Applicant shall not influence any of the witnesses or



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                                                tamper with the evidence in any manner;


                                           (vii) 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; and


                                           (viii) Any infraction of the above conditions shall entail the

                                                prosecution to seek cancellation of this order.


                                 12.       It is clarified that the above observations in this order are

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

                                 observations on the merits of the case and the trial shall be adjudicated

                                 on the basis of the evidence uninfluenced by the present order and

                                 strictly in accordance with law. It is also clarified that the common

                                 order is for the sake of convenience and Applicant shall not be

                                 adversely impacted by the conduct of the other Applicant including but

                                 not limited to infringement of bail conditions.


                                 13.       Bail Application is allowed and disposed.



                                                                            [ MILIND N. JADHAV, J. ]

       Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.09.12
              14:36:34 +0530




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