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Bombay High CourtABA/848/2024allowed

Gautam Bahusaheb Wadekar v. State Of Maharashtra

2025-12-12Hon'Ble Shri Justice Madhav J. Jamdar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.848 OF 2024 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.12.13 20:53:48 +0530 Gautam Bhausaheb Wadekar ...Applicant

Versus

The State of Maharashtra

...Respondent

ARJUN VITTHAL KUDHEKAR Mr. Piyush Toshnival i/b Harshal Patil, for the Applicant. Mr. S. M. Mangaonkar, APP, for the Respondent-State. A.P.I. Chetan More, EOW, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

12 DECEMBER 2025 PC:

1.

Heard Mr. Toshnival, learned Counsel appearing for the Applicant and Mr. Mangaonkar, learned APP, for the RespondentState of Maharashtra. 2.

By the present Anticipatory Bail Application filed under Section 438 of the Code of Criminal Procedure, 1973, the Applicant is seeking pre-arrest bail in connection with CR No.73 of 2024, registered on 5th February 2024 with the Sinhagad Road Police Station, Pune City, for the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860.

3.

As per the prosecution case, the incident took place during the period of 20th April 2022 and 5th February 2024. The First Informant is engaged in the business of selling of grocery items under the name of 'Pravin Trading Company'. The Applicant has gained the trust of the First Informant, and as a result, the First Informant paid an aggregate amount of Rs.33,88,332/- for the supply of 104 tonnes of sugar from Shree Dudhganga Vedganga Sahakari Sakhar Karkhana Ltd., Bidri. However, the Applicant sent bogus dispatch orders for sugar from the said Sugar Factory to the Informant without supplying the sugar, thereby cheating the Informant.

4.

It is the submission of Mr. Toshnival, learned Counsel for the Applicant, that a learned Single Judge by detailed Order dated 2nd April 2024 has granted protection to the Applicant. He further submits that the investigation is completed and the Charge-sheet has been filed. He further submits that there are no other antecedents against the Applicant.

5.

On the other hand, Mr. Mangaonkar, learned APP, strongly opposes the Anticipatory Bail Application. However, he submits

that the Charge-sheet is filed and there are no other antecedents. As the Charge-sheet is filed, investigation is completed. A learned Single Judge by detailed Order dated 2nd April 2024 has granted interim protection to the Applicant.

6.

Accordingly, the Anticipatory Bail Application is disposed of in terms of the Order dated 2nd April 2024, subject to the following conditions:

(a) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(b) 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.

(c) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

[MADHAV J. JAMDAR, J.]