Bombay High Court
Akilesh Rambabu Gupta And Anr vs State Of Maharashtra on 21 August, 2025
Author: R.N.Laddha
Bench: R.N.Laddha
2025:BHC-AS:36046 Digitally
signed by
CHITRA
CHITRA SANJAY
SANJAY SONAWANE
SONAWANE Date:
2025.08.21
20:15:12
Chitra Sonawane +0530 [email protected]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Anticipatory Bail Application No.2251 of 2025
1. Akilesh Rambabu Gupta
Age: 31 yrs, Occ : Service,
R/of 202, Elcid Apartment,
Dr AmbedkarRoad, Bandra West,
Mumbai-400 050
2. Wasim Chand Khan
Age: 42 yrs, Occ: Service
R/of Room No.12, Dewka Aai
Niwas, HB Gawde Marg, Juhu
Koliwada, Santacruz West,
Mumbai-400 050 ... Applicants.
Vs.
The State of Maharashtra
At the instance of Sr Inspector
of Police, Nerul Police Station,
Through Public Prosecutor ... Respondent.
Along with
Anticipatory Bail Application No.2249 of 2025
1. Vikash Singh
2D, 1001, New Mhada Towers,
Swami Samarth Nagar,
Lokhandwala Circle, Andheri
West, Mumbai.
Vs.
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21 August 2025
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Chitra Sonawane [email protected]
State of Maharashtra
Through Public Prosecutor,
High Court, Representing
Nerul Police Station, Navi
Mumbai. ... Respondent.
Along with
Intervention Application No.3104 of 2025
In
Anticipatory Bail Application No.2249 of 2025
1) Arun Namdev Gaikwad
Age: 52 yrs, Occ: Business.
2) Namdev Bhagaji Gaikwad
Age: 85 yrs, Occ: Retired,
Both are residing at 102, Saisagar CHS,
near Om Mandir, Plot No.8/10,
Sector-23, Juinagar, Interveners/
Navi Mumbai-400 705. ... First informant.
IN THE MATTER BETWEEN:
1. Akilesh Rambabu Gupta
Age: 31 yrs, Occ :Service,
R/of 202,Elcid Apartment,
Dr AmbedkarRoad, Bandra West
Mumbai-400 050
2. Wasim Chand Khan
Age: 42 yrs, Occ: Service
R/of Room No.12, Dewka Aai
Niwas, HB Gawde Marg, Juhu
Koliwada, Santacruz West,
Mumbai-400 050.
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Chitra Sonawane [email protected]
3. Vikas Upadhyay
Age: 30 yrs, Occ : Service
R/of Flat no.202,
Elcid Apt, Dr Ambedkar Road,
Palinaka Bandra West,
Mumbai- 400 050. ... Applicants.
Vs.
The State of Maharashtra
At the instance of Sr Inspector
of Police, Nerul Police Station,
Through Public Prosecutor ... Respondent.
---
Mr Vinod Gangwal a/w Abhishek Mishra and Shubham
Singh for the applicants.
Mr MG Patil, APP for the respondent / State in
ABA/2251/2025.
Mr Arfan Sait, APP in ABA/2249/2025.
Mr Prakash Wagh for interveners.
PI Pankaj Dhadage, Nerul Police Station, Navi Mumbai.
---
Coram : R.N.Laddha, J.
Date : 21 August 2025.
P.C. :
By these applications preferred by the applicants under
Section 482 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 seeking protection in the form of anticipatory
bail in connection with Crime No. 728/2024 registered at
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Chitra Sonawane [email protected]
Nerul Police Station, Navi Mumbai, for offences punishable
under Sections 120-B, 323, 420, 465, 506 read with Section
34 of the Indian Penal Code, 1860.
2. I have heard the learned counsel for the applicants, the
learned APP, and the informant. I have perused the FIR,
case diary, and the relevant material placed before me.
3. The prosecution alleges inducement,
misrepresentation, and siphoning of an amount of Rs.
39,48,000/- by use of forged documents, as also threats
extended to the informant and his father. The informant
contends that records relating to property were taken under
the pretext of financial assistance and that funds were
channelled into accounts of different entities.
4. The applicants, on the other hand, contend that the
transaction arises essentially from financial dealings between
private parties; that no custodial interrogation is warranted;
that they are permanent residents with roots in society; and
that arrest is not necessary to facilitate investigation.
Reliance is placed on the judgments of the Supreme Court
in Thulia Kali Vs The State of Tamil Nadu, (1972)3 SCC
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Chitra Sonawane [email protected]
393; Gurbaksh Singh Sibbia & Ors. Vs. State of Punjab,
(1980)SCC (Cri)465, and DN Rao Vs. The State (Orissa
High Court), 2001 Crimes-3-409, Lal Kamlendra Pratap
Singh Vs State of UP, 2010 ALL MR (Cri.) 2030; Sukhwant
Singh & Ors. Vs State of Punjab, 2010 CrLJ 1435;
Chandraswami Vs. CBI, Cri.Appeal No.1912/1996 SC;
Siddharam Satlingappa Mhetre Vs. State of Maharashtra,
Cri. Appeal No.2271/2010 (SC); Jogiinder Kumar Vs. State
of UP, WP (Cri.)No.9 /1994 SC; Harsh Sawhney Vs Union
Territory Chattisgarh (Cri.) 110/ 1978, which lay down that
arrest should not be made in a routine manner and that
anticipatory bail is the rule rather than the exception.
5. On consideration of the rival submissions, it appears
that though the FIR discloses allegations of financial
impropriety and inducement, the material so far collected is
substantially documentary in nature. The alleged financial
transactions are traceable through banking records, and the
necessary evidence can be secured without subjecting the
applicants to custodial interrogation.
6. The contention that the matter is entirely civil cannot
be accepted at this stage; nevertheless, the nature of the
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Chitra Sonawane [email protected]
accusations does not justify pre-trial incarceration. The
applicants have expressed their willingness to cooperate
with the investigation, to remain present before the
Investigating Officer as and when called, and to abide by
stringent conditions.
7. It is well settled that personal liberty is a cherished
right protected under Article 21 of the Constitution of
India. Unless custodial interrogation is shown to be
indispensable, arrest should be avoided. The Investigating
Officer is fully empowered to interrogate the applicants,
secure documents, and investigate the money trail even
while the applicants remain on protective bail.
8. In these circumstances, and balancing the rights of the
applicants with the need for a fair investigation, I am of the
view that the applicants are entitled to the relief of
anticipatory bail.
ORDER
(a) The Anticipatory Bail Application Nos.
2251/2025 and 2249/2025 are hereby
allowed.
(b) In the event of arrest of the applicants
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21 August 2025
Chitra Sonawane [email protected]
in connection with Crime No.728/2024
registered at Nerul Police Station, Navi
Mumbai, they shall be released on bail on
executing a personal bond of Rs.25,000/-
each with one or more solvent sureties in
the like amount.
(c) The applicants shall attend the
concerned Police Station as and when
called, and shall cooperate with the
investigation.
(d) The applicants shall not tamper with
prosecution evidence or influence
witnesses.
(e) The applicants shall furnish their
residential addresses to the Investigating
Officer and shall not leave India without
prior permission of the Court.
(f) The Investigating Officer shall be at
liberty to seek cancellation of bail in case
of breach of any of the above conditions.
9. The anticipatory bail applications are accordingly
disposed of. As a sequel, the pending interim application
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Chitra Sonawane [email protected]
also stands disposed of.
[R. N. Laddha, J.]
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21 August 2025
