Bombay High Court
UPESH RANJIT PATILversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court granted bail to the applicant under Section 483 BNSS, subject to stringent conditions.
Summary
The applicant, Upesh Ranjit Patil, founder of Flynaut OPC and Flynaut Saas Pvt. Ltd., was arrested in connection with a complaint alleging that he duped training candidates by failing to place them despite promises, invoking charges under Sections 316(2), 316(5), 318(4), 112(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The complaint was filed by an unsuccessful candidate who claimed that many others were similarly denied placement, constituting alleged breach of trust. The applicant sought bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, arguing that the non‑placement was due to poor performance and not criminal intent. The court, after prima facie consideration, found that the bail application could be entertained without prejudice to the trial and ordered bail with strict conditions. Consequently, the bail was granted subject to a bond, sureties, reporting requirements, and prohibitions on tampering with evidence or leaving the state.
Issues considered
- What is the applicability of Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for granting bail to the accused?
- Whether the prima facie facts disclosed justify the grant of bail despite serious allegations under the Bharatiya Nyaya Sanhita, 2023?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 112(2), 316(2), 316(5), 318(4), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 483
Subjects
- bail
- Section 483 BNSS
- Bharatiya Nyaya Sanhita
- breach of trust
- training and placement scheme
- criminal procedure
- pre‑trial detention
Judgment
16. BA 3473-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3473 OF 2026
Upesh Ranjit Patil .Applicant
Vs.
The State of Maharashtra .Respondent
Digitally
signed by Mr. Priyal G. Sarda h/f. Mr. Shubham Sudam Sane, Advocates, for the
ANAND
ANAND SUDHAKAR
SUDHAKAR SUDAME
Applicant
SUDAME Date:
2026.09.17
12:06:42
Ms. Sangita Phad, APP, for the Respondent – State
+0530
Mr. Pankaj Hole, PSI, Hinjewadi Police Station, Pune present
CORAM : MILIND N. JADHAV, J.
DATE : 16.09.2026
P. C.
1. Heard Mr. Sarda, learned Counsel for the Applicant and Ms.
Phad, learned APP for the Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No. 638 of 2025 registered with Hinjewadi Police Station, Pune for
offences punishable under Sections 316(2), 316(5), 318(4), 112(2)
read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short
“BNS”).
3. The Applicant in the present case is the founder of a Company
called “Flynaut OPC” and “Flynaut Saas Pvt. Ltd.”. One of these
Anand 1 of 6
16. BA 3473-2026.doc
Companies namely “Flynaut OPC” provided training to candidates who
willingly enrolled with the said Company. It was an IT Company, where
the Company used to charge a fixed fee to the candidates, train them
and as a placement agency would recruit them in it’s own Company
called “Flynaut Saas Pvt. Ltd.” depending on their performance.
4. The prosecution case is based on a complaint by an unsuccessful
candidate who could not procure placement. He has stated that
similarly placed 177 victims have not received placement and
therefore, the Applicant who is the founder of “Flynaut OPC” has
duped them and is guilty of breach of trust. The record which is
unearth and investigation done prima facie show that more than 400
candidates have enrolled themselves on their own volition for training
purposes with “Flynaut OPC” and most importantly, after that training
was over, they were given placement in the sister Company called
“Flynaut Saas Pvt. Ltd.”. At least 200 such eligible candidates were
given placement. Insofar as the candidates are concerned, it has come
on record that each of the candidates who enrolled for such training
were given the assured Rs.15,000/- stipend for the three months
training period and they had received the same. Until April, 2025, the
Applicant has paid stipend/salary to each and every eligible candidate
who has been given placement in “Flynaut Saas Pvt. Ltd.”. The
Anand 2 of 6
16. BA 3473-2026.doc
grievance of the First Informant and probably many other similarly
placed persons would be of they not having rendered themselves
eligible for placement with the sister Company of the Applicant, where
they have been given the training. The offer letter which has been
willingly accepted by the candidates prima facie shows that on
completion of internship, it does not confirm continued employment
unless the candidates meet all internal performance standards for the
purpose of on boarding as a full time employee, a probation period of
nine months will have to be undergone. The grievance of the Applicant
before me as voiced by Mr. Sarda is that some of the candidates could
not be offered placement due to their poor performance and therefore,
for this reason, the Applicant cannot be blamed. Be that as it may, this
Court is not adjudicating the lis between the parties rather it is
considering the Application of the Applicant for grant of bail. The
material which is placed on record prima facie persuade me to consider
the Application for grant of bail. Needless to state that the complicity of
the Applicant in the alleged crime will be proved at trial. The Applicant
has made out a case for grant of bail.
5. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
Anand 3 of 6
16. BA 3473-2026.doc
(i) Applicant – Upesh Ranjit Patil is directed to be
immediately released from prison in connection with
CR. No. 638 of 2025;
(ii) The Applicant is directed to be released on bail on
furnishing P. R. Bond of Rs. 50,000/- (Rs. Fifty
Thousand only) with one or two sureties in the like
amount;
(iii) The Applicant shall report to the Investigating Officer at
Hinjewadi Police Station, twice every month, on the first
Monday and third Friday of the month between 10:00
a.m. to 12:00 p.m. until commencement of trial and
thereafter shall attend all dates of hearing before the
Trial Court;
(iv) The Applicant shall co-operate with the conduct of the
trial and remain present before the Trial Court on all
dates, unless specifically exempted. The Applicant shall
not seek unnecessary adjournments. Any such conduct
shall entitle the prosecution to apply for cancellation of
bail;
(v) The Applicant shall not leave the State of Maharashtra
Anand 4 of 6
16. BA 3473-2026.doc
without the prior permission of the Trial Court and he
shall deposit his passport with the Trial Court on his
release;
(vi) The Applicant shall not influence any of the witnesses
or tamper with the evidence in any manner;
(vii) The Applicant shall keep the Investigating Officer
informed of his current residential address and mobile
telephone number and shall forthwith inform the
Investigating Officer of any change in his residential
address or mobile telephone number, as and when such
change occurs;
(viii) The Applicant shall not enter the jurisdiction of the
Hinjewadi Police Station, except for recording his
attendance as directed;
(ix) Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
6. 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
Anand 5 of 6
16. BA 3473-2026.doc
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.
7. The Bail Application No. 3473 of 2026 is allowed and disposed
of in the above terms.
(MILIND N. JADHAV, J.)
Anand 6 of 6
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