Bombay High Court
ARJUN AMAR DALVIversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The Court held that, in the absence of prima facie material establishing the applicant's complicity, bail must be granted.
Summary
The applicant, Arjun Amar Dalvi, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in a case involving alleged manufacturing of counterfeit currency (Sections 178, 179, 180, 181 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023). He was arrested on 21 August 2025 and was the fifth accused, his inclusion based solely on a statement made by co‑accused No. 1 during police custody. The trial court rejected his bail, but the High Court found no prima facie material linking the applicant to the offence and noted that he had not been present at the raid site. Considering the lack of substantive evidence and his prolonged incarceration of nearly one year, the Court allowed bail with standard conditions. The bail order was issued, and the application was disposed of.
Issues considered
- The adequacy of evidence, specifically a co‑accused's statement, to justify continued detention of the applicant.
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the alleged offences.
- The applicability of the bail conditions imposed by the Court.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 178, 179, 180, 181, 3(5)
Subjects
- bail
- counterfeit currency
- co‑accused testimony
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- criminal procedure
- presumption of innocence
Judgment
8-BA-779-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
CRIMINAL BAIL APPLICATION NO. 779 OF 2026
VAIBHAV RAMESH
JADHAV
Date: 2026.08.21
19:54:59 +0530
Arjun Amar Dalvi …Applicant
V/s.
The State of Maharashtra And Anr. …Respondents
-----
Mr. Pratik Tare i/by Mr. Sachin Y. Mane for the Applicant.
Mr. Shrikant H. Yadav, APP for the State-Respondents.
S. S. Kurane, Head Constable, SDPO Ichalkaranji is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 20th August, 2026.
P.C. :
1. Heard Mr. Pratik Tare, learned Advocate for the Applicant, and
Mr. Shrikant H. Yadav, learned APP for the State-Respondents.
2. By the present Application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks Regular
Bail in connection with C.R. No. 328 of 2025 registered at Ichalkaranji
Police Station for offences punishable under Sections 178, 179, 180 and
181 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Mr. Pratik Tare, learned Advocate for the Applicant, states that
Crime No. 328 of 2025 is registered as Sessions Case No. 3 of 2026. He
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states that Crime No. 328 of 2025 has seven (7) accused and that the
Applicant is Accused No. 5.
4. The prosecution case is that upon receipt of secret information,
Police team conducted a raid on 13th August 2025 at a house at Pant
Mandir, Mangalwar Peth, Ichalkaranji, where Accused Nos. 1 to 3 were
found engaged in manufacturing counterfeit Indian currency notes of
₹500/- and ₹100/- denominations, with a face value of ₹2,24,200/-.
5. The Applicant was arrested on 21st August 2025. The Bail
Application at Exhibit 5, filed by the Applicant in Sessions Case No. 3 of
2026, was rejected by the Trial Court on 6th July 2026.
6. Mr. Pratik Tare, learned Advocate for the Applicant, submits that
the Applicant was neither found in the house at the time of the raid nor
is there any material to indicate that the Applicant was involved either
in the manufacture of counterfeit currency notes or in the possession of
any such counterfeit notes. He submits that the Applicant was arrested
based on a statement made by Accused No. 1.
7. Mr. Shrikant H. Yadav, learned APP for the State, submits that
the Applicant's involvement in the crime has been disclosed by Accused
No. 1. He further submits that Accused No. 1 has specifically named the
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Applicant as involved in the crime.
8. The record was perused with the assistance of the learned
Advocates.
9. A perusal of the record on file in this application does not disclose
any material that prima facie establishes the Applicant's complicity in
the manufacture of counterfeit currency notes or his involvement in
Crime No. 328 of 2025. Apparently, the Applicant has been arrayed as
Accused No. 5 in the present crime based on a statement made by a co-
accused while in custody.
10. Considering the aforesaid circumstances, the continued
incarceration of the Applicant is not warranted. The Applicant has been
in custody for almost one year.
11. In view of the above, the present Bail Application is allowed in
the following terms:
(a) The Applicant in Crime No.328 of 2025 registered
with Ichalkaranji Police Station, shall be released on bail
upon furnishing a PR bond of Rs. 50,000/- (Rupees Fifty
Thousand only) with one or two sureties in the like
amount, to the satisfaction of the Additional Sessions
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Judge, Ichalkaranji in Sessions Case No. 3 of 2026.
(b) The Applicant shall not, directly or indirectly, make
any inducement, threat or promise to any person
acquainted with the facts of the case to dissuade that
person from disclosing the facts to the Court or any police
officer. Applicant shall not tamper with evidence in any
manner.
(c) The Applicant shall provide the Investigating Officer
at Ichalkaranji Police Station, with his residential address
and proof thereof, his contact number and must inform
the Investigating Officer, of any changes to this
information from time to time.
(d) The Applicant shall appear before the Investigating
Officer, Ichalkaranji Police Station, on 2nd Monday of each
month from 11:00 am to 12:00 noon until further orders
from the Trial Court.
(e) The Applicant shall regularly appear before the Trial
Court, in Sessions Case No. 3 of 2026, whenever the
matter is fixed, unless specifically exempted.
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(f) If the Applicant absents himself from appearing
before the Trial Court on the date fixed, the same would
be considered as a breach of condition and the Trial Court
would be at liberty to pass appropriate orders.
12. Criminal Bail Application No. 779 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
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