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Bombay High Court

RAJASHREE RAJESH TUDAYEKARversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to specified conditions.

Summary

The High Court considered an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by Rajashree Rajesh Tudayekar, who was arrested in connection with a cheating case involving alleged misappropriation of Rs.4 lakh invested by a complainant and alleged collection of Rs.55 lakh from other depositors. The FIR alleged offences under IPC sections 406, 409, 420 and the Maharashtra Protection of Interest of Depositors Act, 1999. The applicant argued she had no direct involvement, had already refunded Rs.5.65 lakh, and highlighted her social work background, awards, and the need to care for two minor daughters. The prosecution contended a prima facie case of misappropriation but did not produce detailed evidence. The Court, noting the applicant's lack of direct culpability, her financial means, and humanitarian considerations, held that bail should be granted subject to strict conditions ensuring cooperation with the investigation.

Issues considered

  • Whether the applicant is entitled to bail under Section 483 of the BNSS, 2023 despite the pending charges of cheating and deposit fraud.
  • Whether the prosecution has established a prima facie case warranting continued custodial interrogation.
  • Whether the applicant's personal circumstances (gender, minor children, social contributions) justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • BNSS
  • IPC
  • cheating
  • depositors act
  • women
  • minor children
  • custodial interrogation
  • conditions of bail

Judgment

                                                                            BA.3480.2026.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                       CRIMINAL BAIL APPLICATION NO. 3480 OF 2026

           Rajashree Rajesh Tudayekar                                .. Applicant
                      Versus
           The State of Maharashtra and Anr.                         .. Respondents
                                       ....................
            Mr. Vijay Salve, Advocate for Applicant.
            Mr. Yogesh M. Nakhwa, APP for Respondent – State.
                                            ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE           : SEPTEMBER 22, 2026
           P. C.:

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

           Nakhwa, learned APP for Respondent – State.


           2.       This is an Application under Section 483 of the Bharatiya

           Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail

           in connection with C.R.No.2 of 2026 registered with Shivajinagar

           Police Station, District Pune for offences punishable under Sections

           406, 409 and 420 of the Indian Penal Code and Sections 3 and 4 of the

           Maharashtra Protection of Interest of Depositors Act, 1999.


           3.       Applicant is a woman 40 years of age. She has been indicted in

           a crime which is registered by the Complainant with regard to certain

           investments made by the Complainant for prospective gains. According

           to the prosecution case, FIR is lodged by Complainant on the ground

           that Complainant had invested an amount of Rs.4 Lakhs in the

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Company called Royal Trading Company at the behest of one of his

friends . It is Complainant’s case that one Mr. Suresh Jadhav, a friend

of Complainant who is in the business of cryptocurrency trading,

introduced the Complainant to Royal Trading company and the

Complainant was induced that he will get handsome returns on his

investments by one Mr. Akshay. On the say of Mr. Suresh Jadhav and

Mr. Akshay, Complainant invested Rs.4 Lakhs with Royal Trading

Company. It is the Complainant’s case that he was paid returns of

Rs.1,74,000/- on his investment, but thereafter the returns were not

paid and therefore an amount of Rs.2,26,000/- remained unpaid,

hence case of cheating is filed which is the subject matter of the FIR

registered. Pursuant to registration of the FIR, Applicant is arrested

from her residence in Belgaum, Karnataka.


4.    Prima facie perusal of the FIR before me shows that there is a

clear dichotomy therein. It is stated in the FIR that Applicant was

concerned with taking the loan amounts in the form of gold loan. Case

of Applicant before me is that she is not connected with the said crime

and incongruity in the statement with regard to the amounts

belonging to the Complainant having been refunded is placed on

record whereby it is seen that Applicant has already refunded an

amount of Rs.5,65,000/- to the Complainant. The Complainant is a

social worker.


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5.    Insofar as the Applicant is concerned, it is her case that she has

been working in the social field for more than 20 years and her

credentials are impeccable. Applicant is a doctorate holder in social

work from Royal America University and her body of work shows that

she has adopted 40 needy, indigent and necessity - related families

who are completely dependent on her. It is seen that Applicant is a

meritorious awardee and has got various awards like the International

Business Excellence Award 2022, Pradhanmantri Aatmanirbhar Bharat

Abhiyan Samman, Proud Indian Parliament Award 2022, Young

Achiever Award 2021, Doctorate of Royal American University,

Mahatma Gandhi International Virtual University Award, London Book

of Record 2022 Award and she has donated essential and vital things

like necessities of life to various needy families. It is also on record

that Applicant has donated computers, school instruments to various

schools for students. Applicant is having two small daughters who are

minor and below 5 years of age and for the past 42 days 43 days,

Applicant has been incarcerated in prison since 06.08.2026.


6.    Mr. Nakhwa, learned Prosecutor has taken instructions pursuant

to the previous order passed by this Court with regard to the deposits

received by Applicant. He would submit that Applicant has collected

an amount of Rs.55 Lakhs through her company called Rajashree




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Agriventures Co. which has been investigated by the prosecution after

recording statements of 15 such investors.


7.    Applicant before me has deep roots in society which is prima

facie seen from the material which is placed on record before me.

Merely because the prosecution claims that Applicant has collected

Rs.55 lakhs through her company called Rajashree Agriventures Co.

and still she will not make it good, then the investigation has to be

proceeded in that regard. That is not done. Rather a knee jerk reaction

of arresting the Applicant is initiated.


8.    The learned Advocate appearing for Applicant informs the Court

that the Applicant is a person of means and has substantial properties

worth crores of rupees belonging to her. If this is the case, then the

prosecution can undoubtedly attach the properties to the extent of the

amounts received by her provided they can make out a prima facie

case against her and provided there is enough material with the

prosecution to do so. From the FIR itself, it is prima facie seen that the

Complainant was enticed by his friend Suresh Jadhav and one Mr.

Akshay and not the Applicant. Applicant is a permanent resident of

Hindalga, Belgaum, Karnataka. According to the investigation which

has been carried out, as stated by Mr. Nakhwa, at the highest,

Applicant can be indicted for receiving the amount of Rs.55 Lakhs

from 15 depositors, the details of which are not even placed before the

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Court. In such circumstances, necessity of Applicant's custodial

interrogation is not at all required, when her Advocate states on

instructions that she will participate in the enquiry.


9.    Insofar as the case in question is concerned that solely pertains

to the Complainant before the prosecution who has alleged to have

deposited an amount of Rs.4 Lakhs as alluded to hereinabove. The

learned Trial Court has rejected her Bail Application on the premise

that merely because Applicant is a woman and she is ready to deposit

the amount, it cannot be considered as a ground for enlarging the

Applicant. Insofar as investigation is concerned, Mr. Nakhwa would

submit that Applicant will have to cooperate with the investigation. If

that is the case, Applicant can undoubtedly be put to strict terms.


10.   Considering the background of Applicant and the achievements

of the Applicant which are prima facie seen from the record of the

case, I am of the opinion that Applicant has made out a case for grant

of bail. As also, Applicant has two minor daughters below 5 years to

whom she is required to provide care and support.


11.   Needless to state that Applicant shall be put to appropriate

terms for requiring her cooperation. It is prima facie seen that

Applicant is directed to ensure that she will cooperate with the

prosecution with regard to the investigation that has been done by the



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prosecution. It is prima facie seen that Applicant has been roped in

because she is the CMD of a Company called Rajashree Agri Venture

Company. According to the prosecution case, the deposits made by the

depositors are sought to be invested in the said Company. However, it

is prima facie seen from the statement which has been recorded on

17.09.2026 of one Mr. Vithal Pratap Patil that the entrustment for

deposit of the amounts has been made by third parties and not directly

by the depositors to the Applicant. Case of the prosecution is that the

monies have been deposited in the Company belonging to Applicant.

To the extent of the money which have been deposited with the

Applicant, Applicant is directed to cooperate with the investigation

and give her disclosure statement fully.

12.   Insofar as custodial interrogation of Applicant is concerned, the

same is not at all required. In the above circumstances, Applicant has

made out a case for grant of bail.

13.   Hence, in view of above prima facie observations and findings,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-


          (i)   Applicant – Rajashree Rajesh Tudayekar is directed to

                be immediately released from prison in connection with

                CR. No.2 of 2026;


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

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    furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five

    Thousand only) with one or two sureties in the like

    amount;


(iii) Applicant shall report to the Investigating Officer at

    Shivajinagar Police Station, once every month, on the

    first Sunday of the month between 10:00 a.m. to 12:00

    noon until commencement of trial and as and when

    called for with 2 days prior notice to Applicant and

    thereafter shall attend all dates of hearing before the

    Trial Court;


(iv) Applicant shall cooperate with the conduct of the trial

    and remain present before the Trial Court on all dates,

    unless specifically exempted. Applicant shall not seek

    unnecessary adjournments. Any such conduct shall

    entitle the prosecution to apply for cancellation of bail;


(v) Applicant shall not leave the country without prior

    permission of the Trial Court and she shall deposit her

    passport with the Trial Court within 2 weeks from the

    date of her release from jail;


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

    tamper with the evidence in any manner;


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                                 (vii) Applicant shall keep the Investigating Officer informed

                                         of her current residential address and mobile telephone

                                         number and shall forthwith inform the Investigating

                                         Officer of any change in her residential address or

                                         mobile telephone number, as and when such change

                                         occurs; and


                                 (viii)Any breach or infraction of any of the aforesaid

                                         conditions shall entail cancellation of the bail granted

                                         to the Applicant.


           14.        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

           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.


           15.        Bail Application is allowed and disposed in the above terms.




Amberkar                                                       [ MILIND N. JADHAV, J. ]
                      Digitally signed
                      by RAVINDRA
           RAVINDRA MOHAN
                    AMBERKAR
           MOHAN    Date:
           AMBERKAR 2026.09.22
                      12:21:38
                      +0530




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