Bombay High Court

VAIBHAV KRUSHNAT PATILversusSTATE OF MAHARASHTRA

Disposal: Allowed
Bench: NITIN B SURYAWANSHI

Holding

The court granted bail to the applicant, holding that there was no justification for continued pre‑trial detention.

Summary

The applicant, Vaibhav Krushnat Patil, was charged under Sections 420, 406 read with 34 of the Indian Penal Code for allegedly cheating an informant by taking large sums of money as investment and failing to return them. The informant lodged a complaint in March 2025, leading to the registration of the case and the applicant's arrest on 12 March 2025. After nine months of pre‑trial detention, the applicant filed a bail application, arguing that the trial was unlikely to commence soon and that continued detention was unwarranted. The court examined the nature of the offences, the length of detention, and the principle that bail should be granted unless there are compelling reasons to deny it. Finding no justification for further pre‑trial custody, the court allowed the bail application, releasing the applicant on a personal bond of Rs. 15,000 with a surety of the same amount, subject to a condition not to tamper with evidence.

Issues considered

Whether the applicant is entitled to bail despite being charged with offences under Sections 420, 406 and 34 IPC.
Whether the pre‑trial detention of nine months is justified in the circumstances of the case.
Whether the nature of the alleged offences warrants denial of bail under the Criminal Procedure Code.

Legislation cited

Indian Penal Code, 1860 — s. 34, 406, 420

Subjects

cheating
criminal breach of trust
bail
pre‑trial detention
investment fraud
Section 420 IPC
Section 406 IPC
Section 34 IPC
High Court of Bombay

Judgment

1
67-BA-3532-2025 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3532 OF 2025

Vaibhav Krushnat Patil ...Applicant
Versus
State Of Maharashtra and anr ...Respondents

Mr. Shivajirao V. Rane, Mr. Harshvardhan S. Rane, Mr. Somnath K.
Khatal for the applicant
Dr. A. A. Takalkar APP for the State
IO, Vishal Patole, Juna Rajwada Police Station, Kolhapur

CORAM : NITIN B. SURYAWANSHI, J.
DATE : 8th JANUARY 2026.
P.C.

1. By this application, the applicant seeks bail in Crime No.
IRESH
MASHAL
157 of 2025 registered with Juna Rajwada Police Station, District:
Digitally signed
by IRESH
MASHAL
Date:
2026.01.08
19:46:40
+0530 Kolhapur for the offence punishable under Sections 420, 406 read

with 34 of the Indian Penal Code.

2. Prosecution case is informant - Sachin Anand Patil lodged

complaint to police station, Juna Rajwada on 2-3-2025. As per his

complaint, he is working as a cable operator. In June, 2021, he got

acquainted with Krishnat Patil due to his business. Krishnat Patil

introduced his son Vaibhav as a person doing trading in share market

and if amount is invested, he can give good returns on investment.

Iresh
2
67-BA-3532-2025 (CR).DOC

Then on 6-6-2021, Krishnat Patil and Vaibhav Patil came to the house

of informant. Vaibhav gave information about his Company,

Profitmart Trading Broker situated at Pune and different schemes on

investment with returns of 10% to 50% benefit. The informant was

also taken by Vaibhav Patil at Pune to show his Company. Being

interest due to this information, the informant started investing

amount with Vaibhav Patil. He transferred differnet amount in

account of the accused by RTGS and cheques. In August, 2021, he got

the returns of Rs.2,50,000/-. The informant from time to time

transferred different amounts in the name of accused Vaibhav

Krishnat Patil in his own account, in account of Profitmart Security

Company total amount Rs.44,35,000/- Subsequently, the accused had

not given any returns on the investment nor repaid the invested

amount. Accordingly the informant was cheated by him by

misappropriating his amount of investment. So he lodged the

aforesaid complaint against Vaibhav Patil and Krishnat Patil. On its

basis aforesaid crime for above-said offences came to be registered.

The accused Vaibhav Patil was arrested on 12-3-2025. The name of

the applicant is shown as accused No.2.

3. Chargesheet is filed in the present matter on 9th May 2025

and the case is numbered as R.C.C. No. 759 of 2025. The applicant is

arrested on 12th March 2025 and the applicant has already undergone

Iresh
3
67-BA-3532-2025 (CR).DOC

incarceration of 9 months. The trial is not likely to commence and

conclude in the near future. There is no propriety of pre-trial

detention of the applicant in the facts of the present case.

4. In the result, the application is allowed. The applicant

Vaibhav Krushnat Patil be released on bail in connection with Crime

No. 157 of 2025 registered with Juna Rajwada Police Station, District:

Kolhapur for the offence punishable under Sections 420, 406 read

with 34 of the Indian Penal Code on furnishing Personal Bond of

Rs. 15,000/- with one surety in the like amount.

5. The applicant shall not tamper with the prosecution

evidence.

(NITIN B. SURYAWANSHI, J.)

Iresh

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