Citation : 2026 Latest Caselaw 1298 Bom
Judgement Date : 5 February, 2026
2026:BHC-AS:6090
10-ABA-3280-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 3280 OF 2025
Sarala Kishorbhai Tank ...Applicant
Digitally
signed by
Versus
SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
TALEKAR Date:
State Of Maharashtra
2026.02.05
20:10:40
+0530
(At the instance of P.I., Upnagar
Police Station, Nashik) ...Respondent
Mr.Hrishikesh Giri a/w. Ms. Mrunal Shinde, for Applicant.
Ms. R.V. Newton, APP, for Respondent-State.
PSI V.P. Sapkale, Upnagar Police Station, Nashik City.
CORAM : MADHAV J. JAMDAR, J.
Date : 5th February, 2026
PC:
1. Heard Mr. Giri, Learned Counsel appearing for the Applicant
and Ms. Newton, Learned APP appearing for the State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 ("Sanhita") seeking pre-arrest bail in
connection with C.R. No. 250 of 2024 registered with Upnagar Police
Station, Nashik City for the offences punishable under Sections 465,
467, 468, 471, 420, 379 read with 120-B and 34 of the Indian Penal
Code, 1860.
3. The prosecution case is set out in paragraph No. 6 of the
order dated 23rd June, 2025 passed by Learned Additional Sessions
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Judge, Nashik Road in Criminal Bail Application No. 62 of 2025, which
reads as under :
"6. As per the FIR, the complainant had kept cheque book and
passbook on the bed in the hall. Out of them, 38 cheques were
stolen. Accused Disha and her associates withdrawn the money
from the account of the complainant by making forged signatures
on the stolen cheques and thereby siphoned off Rs. 1,23,85,367/-
and the said amount was transferred to the accounts of accused
Disha and her relatives, including the applicant."
4. It is the submission of Mr. Giri, Learned Counsel for the
Applicant that the main allegations are against Accused Nos. 1 -Disha
Tank, who is the daughter and Accused No. 2, Kishorbhai N. Tank, the
husband of the present Applicant. He submits that the present
Applicant is Accused No. 3 and is a housewife of 50 years. Only an
amount of Rs. 7,50,000/- out of total amount of Rs. 1,23,85,367/- has
been deposited in the Applicant's bank account and for that also
Accused Nos. 1 and 2 are responsible. He, therefore, submits that the
role of the present Applicant is not major and she is not involved in the
crime. The charge-sheet is also filed against Accused Nos. 1 and 2 and
they are already released on regular bail.
5. On the other hand, Ms. Newton, Learned APP submits that
the complainant is a senior citizen of 88 years. The offence is very
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serious and the Applicant is involved in the crime as a beneficiary as an
amount of Rs. 7,50,000/- was transferred in her bank account.
Therefore, the application for anticipatory bail be rejected.
6. Perusal of the record shows that most of the allegations are
against accused No. 1-Disha. Although, the role of the present
Applicant, who is a mother of Accused No. 1- Disha, is that an amount of
Rs. 7,50,000/- was transferred in her bank account. Mr. Giri submits
that the Applicant is a housewife of 50 years old and her account is
already frozen. The charge-sheet is already filed against Accused Nos. 1
and 2. Thus, the investigation is almost complete.
7. Accordingly, in the facts and circumstances, a case is made
out for grant of Anticipatory Bail. In view thereof, the following order is
passed:
ORDER
a) In the event of arrest of the Applicant-Sarala
Kishorbhai Tank in connection C.R. No. 250 of 2024
registered with Upnagar Police Station, Nashik City,
the Applicant is directed to be released on bail on his
furnishing P.R. Bond in the sum of Rs. 25,000/- with
one or two solvent sureties in the like amount.
5th February, 2026 Shraddha
10-ABA-3280-2025.doc
b) The Applicant shall attend the concerned Police
Station as and when called by the concerned
investigation officer and cooperate with the
investigation.
c) The Applicant shall furnish her cell phone number
and residential address to the Investigating Officer
and shall keep the same updated, in case of any
change thereto.
d) The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.
e) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
8. The Anticipatory Bail Application is disposed of accordingly.
[ MADHAV J. JAMDAR, J.]
5th February, 2026 Shraddha
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