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Bombay High CourtABA/1285/2025application allowed

Rupesh Prashant Savardekar v. The State Of Maharashtra And Another

2025-10-16Hon'Ble Shri Justice Neeraj P. Dhote3 pages

2025:BHC-AUG:29521

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

929 ANTICIPATORY BAIL APPLICATION NO.1285 OF 2025 Rupesh Prashant Savardekar ..Applicant

Versus

The State of Maharashtra And Another ..Respondents .....

Shri. R. G. Hange i/by. Shri. A. R. Hange, Advocate for the Applicant Shri. C. V. Bhadane, APP for the Respondent - State. .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

OCTOBER 16, 2025 PER COURT :- .

Heard the learned Advocate for the Applicant and the learned APP for the State. Perused the papers made available by the learned APP. 2.

Crime No.0263 of 2025 came to be registered with Dharashiv City Post Station, Dist. Dharashiv for the offence punishable under Sections 318(4), 316(5), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

3.

It is the case of the Prosecution that, the Accused No.1 - Asad Khan Mustafa Khan is the President of Human Health Care Resources Charitable Trust, Dharashiv. The Informant is the Vice President of the said Trust. The Bank account of the trust was inoperative. The Accused No.1 - Asad Khan Mustafa Khan opened another account with the nationalized bank by submitting forged documents and transaction in

crore had taken place in that account. The Applicant deposited the amount to the tune of Rs.3,35,98,292/- in the said account which was transferred by Accused No.1 - Asad Khan Mustafa Khan to different accounts.

4.

The Crime is registered for the offence of Cheating, Criminal Breach of Trust and Forgery. It is the not the case of the Prosecution that, the Applicant was related with the said Trust in any manner. It is not the case of Prosecution that, the Trust property was entrusted to the Applicant and he misused the same. Further, it is also not the case of Prosecution that, there was any inducement by the Applicant so as to attract the essential ingredients of the offence punishable under Sections 318 (4) and 316(5) of the BNS. The case of forgery is not against the Applicant. As per the investigation, the said amount was in respect of online gaming. The said account is frozen by the investigating machinery. In view of the role attributed to the Applicant, the following order is passed.

O R D E R

i) The Application is allowed.

ii) In the event of arrest of the Applicant, namely, Rupesh Prashant Savardekar, in connection with Crime No.0263 of 2025 registered with Dharashiv City Post Station, Dist. Dharashiv, he be released on bail on executing P.B. of Rs.30,000/- (Rupees Thirty Thousand), with one or two surety/sureties in the like amount.

iii) The Applicant shall attend the concerned Police Station from

27.10.2025 to 31.10.2025 between 11:00 a.m. to 02:00 p.m. and thereafter as and when called iv) The Applicant shall not leave India without permission of this Court.

v) The Applicant shall not tamper the evidence of the Prosecution in any manner.

vi) The Applicant shall co-operate with the investigating machinery. vii) The Application stands disposed off.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 16/10/2025 19:10:04