Bombay High Court
KIRAN SADASHIV CHAUDHARYversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The applicant is entitled to bail.
Summary
The High Court considered the bail application of Kiran Sadashiv Chaudhary, who was charged under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for cheating an informant by promising a bank job for a payment of Rs.15,00,000 and receiving Rs.6,50,000, of which Rs.1,75,000 was alleged to have been received by the applicant. The FIR was lodged five years after the alleged offence and the applicant had no prior criminal record. Although the prosecution produced six witnesses, the court held that continued detention would not further the investigation and the applicant was unlikely to abscond or tamper with evidence. The applicant offered to deposit Rs.1,25,000 with the trial court and provided a surety of Rs.50,000. Taking into account the delay, lack of antecedents and the applicant’s willingness to compensate, the court granted bail with several conditions. The order expressly stated that the deposit does not amount to an admission of guilt.
Issues considered
- Whether the five‑year delay in lodging the FIR justifies granting bail
- Whether the nature of the offences under BNS Sections 318(4) and 3(5) warrants denial of bail
- Whether the applicant poses a risk of absconding or tampering with evidence
- Whether the applicant’s offer to deposit compensation influences the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 3(5)
Subjects
- bail
- cheating
- Bharatiya Nyaya Sanhita
- delay in FIR
- surety
- criminal procedure
Judgment
HEMANT
CHANDERSEN H.C.SHIV 31.BA4586.25.DOC
SHIV
Digitally signed by
HEMANT IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CHANDERSEN SHIV CRIMINAL APPELLATE JURISDICTION
Date: 2026.09.30
18:52:35 +0300
CRIMINAL BAIL APPLICATION NO.4586 OF 2025
Kiran Sadashiv Chaudhary …Applicant
V/s.
State of Maharashtra …Respondent
Mr. Abhinav J. Dubey with Swati Pandey for the Applicant.
Ms. K. T. Hiwrale, APP for the Respondent-State.
CORAM: SHYAM C. CHANDAK, J.
DATED : 29th SEPTEMBER, 2026
P.C. :-
1. Heard learned Counsel for the parties. Perused the record.
2. Present application seeks release of the applicant on bail in
connection with Cr. No.24 of 2025, registered with Kinhavli police
station, Thane for the offence punishable under Sections 318(4),
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), on the
report dated 22nd February 2025, lodged by Sadashiv Tiwar.
3. The prosecution case is that, between 2019 to 2020, Accused
No.1-Ashish Fulmare along with the applicant and Accused No.3-
Nasir Patel in furtherance of their common intention deceived the
informant by making false promise that they would get his son a job
in the Bank of Baroda against payment of Rs.15,00,000/- and,
dishonestly induced the informant to pay them a part amount
totalling to Rs.6,50,000/- in cash and through banking
transactions. However, they did not provide the job to his son as
promised nor returned the money. Thus, the accused cheated the
informant. It is alleged that, the applicant had received an amount
of Rs.1,75,000/-, out of the amount of Rs.6,50,000/-. Therefore, the
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H.C.SHIV 31.BA4586.25.DOC
applicant came to be arrested. A1 could not be arrested. A3 is not
arrested. On completion of investigation police submitted the
charge-sheet against the applicant and A3, showing A1 as the
wanted accused. The trial Court and the Sessions Court declined to
release the applicant on bail. Hence, this application.
4. Considering the submissions and the material on record, in
my view, there is a prima facie case against the applicant of having
committed the present offence alongwith his co-accused. However,
it cannot be ignored that there is a delay of five years in lodging the
report. The investigation relating to the applicant is over. His
further detention in jail will not serve any purpose. The prosecution
has cited total 6 witnesses. Therefore, the trial will take some time
to conclude. The applicant has no criminal antecedents. He is not
likely to abscond and tamper with the evidence. Mr.Dubey, the
learned Counsel, on instructions, stated that the applicant is ready
to pay Rs.1,25,000/- to the informant towards the alleged wrongful
loss without prejudice to the rights, defence and contentions of the
parties to be raised before the trial Court and in any other
proceedings that may arise out of the present crime. Mr. Dubey
further stated that, the applicant hereby gives his no-objection to
withdraw the amount of Rs.1,25,000/- by the informant if he seeks
withdrawal of the said amount.
5. In view thereof, the applicant is entitled for bail. Hence,
following Order :-
(i) Applicant – Kiran Sadashiv Chaudhary be released on
bail in aforesaid FIR registered with Kinhavli police station,
Shahapur, Thane, on his executing P.R. Bond in the sum of
Rs.50,000/- with one or two sureties in the like amount.
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H.C.SHIV 31.BA4586.25.DOC
(ii) As voluntarily undertaken, the applicant shall deposit
an amount of Rs.1,25,000/- in the trial Court.
(a) Said deposit shall be without prejudice to the rights,
defence and contentions of the parties to be raised
before the trial Court and, in any other proceedings that
may arise out of the present crime. Similarly, the said
deposit shall not be construed as an admission of guilt
in this crime by the applicant.
(b) However, the informant is at liberty to withdraw the
amount of Rs.1,25,000/-, if he is willing and/or advised
for.
(c) The trial Court to pass an appropriate Order as to
the final disposal of the said amount depending upon
the outcome of the case.
(iii) The applicant shall mark his attendance at Kinhavli
police station, Shahapur, Thane on 1 st day of each month
between 11:00 a.m. to 2:00 p.m. till conclusion of the trial.
(iv) The applicant shall regularly attend the proceedings
before the jurisdictional Court unless exempted by the said
Court, for the reasons to be recorded in writing.
(v) The applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence upon
the prosecution witnesses to prevent them from deposing
against him.
(vi) On being released from jail, the applicant shall furnish
his contact number and residential address to the
Investigating Officer and shall keep him updated, in case
there is any change.
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H.C.SHIV 31.BA4586.25.DOC
(vii) The applicant shall not indulge in identical activities for
which he has been arraigned in this case.
(viii) It is clarified that any observation made in the present
order are for the purpose of deciding the present Bail
Application and should not influence the out come of the trial
and also not be taken as an expression of opinion on the
merits of the case.
6. Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
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