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Bombay High Court

PRATIK BABULAL MUNDRAversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The Court held that the applicant is entitled to bail and granted it subject to specified conditions.

Summary

The applicant, Pratik Babulal Mundra, was arrested in connection with C.R. No. 53 of 2026 for alleged offences under Sections 69 and 318(4) of the Bharatiya Nyaya Sanhita, 2023, involving a claim that he obtained a loan of Rs. 28 lakh from the complainant within four days. The court examined the FIR and accompanying statements, finding the allegations implausible, noting the consensual relationship between the parties and the complainant's refusal to undergo medical examination. The prosecution’s evidence was deemed insufficient to justify continued detention. Consequently, the court granted bail, imposing a personal bond of Rs. 50,000 with one surety and a series of reporting and conduct conditions. The bail order was entered and the application disposed of.

Issues considered

  • Whether the applicant is entitled to bail under the Bharatiya Nyaya Sanhita for offences under Sections 69 and 318(4).
  • Whether the FIR and the material evidence establish a prima facie case that warrants denial of bail.
  • Whether the conditions imposed on bail are appropriate and sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 69
  • Section 318(4)
  • FIR credibility
  • loan fraud
  • personal bond

Judgment

                                                                                5 ba 3199 of 2026.odt



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                           BAIL APPLICATION NO. 3199 OF 2026

                        Pratik Babulal Mundra
                        Age–34 Years, Occupation: Private Service,
                        Residing at : Blue Ridge Society,
                        Flat No. B/08-2203,
                        Hinjewadi Phase -1, Taluka Mulshi,
                        District Pune – 411 057;
                        Permanent Address :
                         H/14/14, Senior MIG,
                        Rishinagar, Ujjain, Madhya Prades.
                        (Presently lodged at Yerawada Central
                        Prison, Pune).                                    ..   Applicant
                                    Versus
                        The State of Maharashtra
                        Through Hinjewadi Police Station
                        Pimpri-Chinchwad, Pune.                           ..   Respondent

                                                 ....................
                         Ms. Harshada Shrikhande i/b. Mr. Harshad Sathe, Advocate for the
                          Applicant.
                         Mr. Yogesh M. Nakhwa, APP for the Respondent – State.
                         API Seema Mundhe, Hinjewadi Police Station, Pimpri-Chinchwad,
                          Pune, present.
                                                      ................…


                                                     CORAM : MILIND N. JADHAV, J.
                                                     DATE         : AUGUST 17, 2026

                        P. C.:


                        1.        Amendment is allowed at the request made by the Advocate.
RAJESHRI
PRAKASH
AHER                    Amendment is permitted to be carried out in presence of the Court.
Digitally signed by
RAJESHRI PRAKASH
AHER
Date: 2026.08.18
11:51:22 +0530
                        Re-verification stands dispensed with.

                      Rajeshri Aher

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                                                          5 ba 3199 of 2026.odt




  2.        Heard Ms. Shrikhande, learned Advocate appearing for the

  Applicant and Mr. Nakhwa, learned APP for the Respondent – State.


  3.        This Application is filed seeking enlargement on bail on behalf

  of the Applicant. The Applicant is arrested in connection with

  C.R.No.53 of 2026, registered with Hinjewadi Police, Station, Pune.


  4.        The Applicant is 34 years old, whereas the first informant/

  complainant is 30 years old. The charge against the Applicant is under

  Sections 69 and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

  The investigation is complete and charge sheet has been filed. The FIR,

  copy is placed at page 16. On a prima facie reading of the FIR, it does

  not inspire any confidence of the Court whatsoever. The FIR states that

  within a period of 4 days, the Applicant befriended the complainant

  and made her part with an amount of Rs. 28,00,000/-. With interest,

  the said amount has ballooned to Rs.41,99,000/-, as stated in the FIR.

  The statement of the complainant’s roommate has been recorded by

  the prosecution and appended at Page 41, which prima facie shows

  that the complainant was fully aware of the fact that the Applicant was

  married and that his divorce proceedings were ongoing. The

  complainant has categorically stated and expressed her desire to marry

  the Applicant. The case made out in the FIR is further unbelievable,

Rajeshri Aher

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  inasmuch as the Applicant befriended the complainant and told her to

  procure loan of such a humongous amount within 4 days. It is seen

  that both the Applicant and complainant stay in the same society, and

  there appears to be consensual relationship between them since long.

  The FIR also reflects that the parties were very close to each other.

  The complainant also declined medical examination, which can be

  seen from Page No. 28. The investigation has been completed. It is

  thus prima facie unbelievable that, within a period of 4 days, the

  complainant procured a loan of Rs. 28,00,000/- to be paid over to the

  Applicant through seven different Apps, as stated in the FIR. An

  arguable case is therefore made out by the Advocate for Applicant for

  grant of bail. In view thereof, the Applicant is granted bail.


  5.            Application is allowed on the following terms:-



        (i)          Applicant is directed to be immediately released from

        prison in connection with C.R. No. 53 of 2026;

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

        P.R. Bond of Rs. 50,000/- (Rs. Fifty Thousand only) with one

        surety of the like amount;

        (iii)        Applicant shall report to the Investigating Officer at

        Hinjewadi Police Station, Pune, once every month on the first

        Monday between 10:00 a.m. to 12:00 p.m.;
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        (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 revocation of this order;

        (v)      Applicant shall not leave the State of Maharashtra

        without prior permission of the Trial Court;

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

        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, as

        applicable; and

        (viii)   Any infraction of the conditions shall entail cancellation

        of bail granted to the Applicant.


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

  terms.




                                             [ MILIND N. JADHAV, J. ]




Rajeshri Aher

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