Anupriya Santosh Dhudakekar Alias Anupriya Arun Mahalankar v. The State Of Maharashtra
2025:BHC-AUG:32032 1 920.BA-2024-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2024 OF 2025 ANUPRIYA SANTOSH DHUDAKEKAR ALIAS ANUPRIYA ARUN MAHALANKAR
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Birajdar Yogesh G. APP for Respondent/State : Mr. R.K. Ingole ...
CORAM : MEHROZ K. PATHAN, J.
DATE : 19th NOVEMBER 2025 PER COURT :
1.
The Applicant has approached this Court, praying for anti. bail in connection with Crime No.640/2025 registered with the Hingoli (City) Police Station, District Hingoli for the offences punishable under Sections 420, 408, 409, 465, 467, 468, 471, 120-B of the Indian Penal Code and under Sections 3, 4 of the Maharashtra Protection of Investors and Depositors Act, 1999. 2.
The case of the prosecution is that the Informant Arpit Kamalkishor Bagadiya had moved an application before the Court i.e. Cri.M.A. No.28/2025 under Section 156(3) of the Criminal Procedure Code. On that application, the Court has passed order on 09.07.2025. After receiving that order, the City P.S. registered the offence against the accused. During the investigation, the
2 920.BA-2024-2025.doc Investigating Officer prima facie found that in between 01.04.2018 to 31.03.2024 in the 'Hingoli Mahila Urban Credit Co-operative Society Ltd. Hingoli', all the persons working in the Society, the Chairman and Board of Directors by making conspiracy, cheated the Informant Arpit Kamalkishor Bagadiya and other depositors. They cheated all of them, without returning the deposit amount and misappropriated the amount of Rs.30,78,96,676/-. Due to which, economic loss of amount of Rs.4,43,91,657/-.
3.
The learned Counsel for the Applicant submits that the Applicant is an educated women and was working as a Primary Teacher in a Primary English School since 2016 to 2019. It is his further submission that she was further serving in JET KID's International School, Hingoli till the year 2024 and as such the observations made by the Auditor as well as by the learned Sessions Court, are contrary to the record. It is his further submission that the FIR is an outcome of the directions issued by the learned Magistrate under Section 156(3) of Cr.P.C. on a complaint filed by Arpit Bagadiya wherein the Chairman and Directors were shown as coaccused. However, during the course of investigation, the name of the Applicant has emerged as one of the co-conspirators who has allegedly committed the crime of duping the investors. The Counsel therefore submits that the Applicant has made out a case for protection by granting of anticipatory bail.
4.
As against this, the learned APP submits that the Applicant
3 920.BA-2024-2025.doc is one of the prime accused who has been specifically named in the audit report. The Auditor was appointed to conduct an audit on the allegation of misappropriation and frauds committed by the Society. Accordingly the Auditor mentioned in his report that since the year 2022 to 2023, the Applicant was serving in Hingoli Mahila Urban Credit Co-operative Society Ltd. Hingoli and as such the custodial interrogation of the Applicant would be necessary. She further submits that this is not a case for exercising the discretion to grant anticipatory bail to the Applicant.
5.
I have gone through the order passed by the learned Sessions Court as well as the say filed by the prosecution and the allegations in the FIR. It is seen that the FIR is a fallout of the order passed by the learned JMFC under Section 175(3) of the B.N.S. on the complaint filed by one Arpit Bagadiya, alleging embezzlement and misappropriation committed by the Society in respect of the depositors' funds to the extent of Rs.30,78,96,676/- and damages amounting to Rs.4,43,91,657/- during the period from 01.04.2018 to 21.03.2024. In all, 33 persons are mentioned in the report dated 19.08.2025. It is further seen that the first informant has subsequently given some more names to the Investigating Officer, which included the name of the present Applicant. It is also seen that though the Applicant has filed some certificates to show that the Applicant was working in the above mentioned schools particularly Daulatrao Patil Primary School and JET KID's International School, Hingoli till the year 2024, however the Auditor who has conducted
4 920.BA-2024-2025.doc the audit of this credit Cooperative Society, has specifically mentioned in his report that the Applicant was working in the Society as a Clerk and thereafter as a Senior Clerk and that her husband Santosh Dhudakekar has misused and misappropriated an amount of Rs.9,02,13,560/- under the head of sundry debtors without following the rules. The Applicant being wife of the main accused Santosh Dhudakekar, was also appointed as a Clerk and thereafter as a Senior Clerk, which is a responsible post in the Society. 6.
Thus, looking to the role of the present Applicant as stated by the Auditor in his report, it would be necessary for the Investigating Officer to have custodial interrogation of the Applicant to trace the money trail of the amount siphoned off by the other co-accused persons as well as by the Applicant. I am therefore not inclined to grant anticipatory bail to the Applicant. The application stands rejected and disposed of accordingly.
MEHROZ K. PATHAN JUDGE NAJEEB..