Gautam Mengi and Anr. vs State of Maharashtra

Mr. Yashodeep Deshmukh a/w. Ms Vaidehi Pradeep, Mr. Pritam Ahorkar i/b Mr. Pradip R. Patil for the Applicant in ABA/3369/25. Mrs. Rutuja Ambekar, APP for the Respondent/State.

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Mr. Niranjan Mundargi a/w Mr. Prashant Gawali, Mr. Kanhaiya Jha and Mr. Gaurav D. for Respondent No.2 in both applications and for the Intervener in IA/4645/25.

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………….. CORAM : N.R. BORKAR, J. DATE : 26.03.2026.

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P.C. :

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Both these applications filed for anticipatory bail are arising out of one and the same crime. They are thus being disposed of by this common order.

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The applicants are apprehending their arrest in Crime No.451 of 2024 registered at A.P.M.C Police Station, Navi Mumbai

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Dinesh S. Sherla

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for the offences punishable under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita 2023.

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The allegations against the present applicants and other coaccused are of defrauding the first informant to the tune of Rs.1,10,00,000/-.

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I have heard learned counsel for the applicants, learned APP for the respondent/State and the learned counsel for the respondent No.2/first informant.

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Learned counsel for the applicants submit that the applicants have nothing to do with the alleged crime. It is submitted that the entire allegations in relation to the inducement and misappropriation of said amount are made against the co-accused Narendrakumar Mohan Lal. It is further submitted that the present applicants came to be implicated in the crime as said co-accused Narendrakumar Mohan Lal had paid certain amount to applicants. It is submitted that the said amount was paid to the applicants in respect of separate transactions between them. It is submitted that there is no need of custodial interrogation and the applicants are ready and willing to cooperate in the investigation. It is further submitted that there are no other criminal antecedents against the applicants.

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On the other hand learned APP for the respondent/State and the learned counsel for the respondent No.2/first informant submit

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Dinesh S. Sherla

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that during the course of investigation, it was found that the coaccused NarendraKumar Mohan Lal had transferred huge amount in the bank accounts of the applicants. It is submitted that even certain forged documents were prepared. It is submitted that considering the nature of crime, the applicants may not be released on anticipatory bail.

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I have perused the FIR. The entire allegations are against the co-accused Narendrakumar Mohan Lal. There appears to be no need of custodial interrogation of the applicants. Considering these facts and as there are no other criminal antecedents, I am inclined to release the applicants on anticipatory bail. In the result, the following order is passed.

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ORDER

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A) The Applications are allowed.

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B) In the event of arrest of the applicants in C.R. No.451 of 2024 registered at A.P.M.C Police Station, Navi Mumbai for the offences punishable under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita 2023, they be released on bail on executing P.R. Bond in the sum of Rs.25,000/- each with one surety or two sureties in the like amount.

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C) The applicants shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the investigation.

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Dinesh S. Sherla

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916-aba-3194-25+G.doc

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