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
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 69
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,
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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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