Bhupala Rana Ram Bishnoi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2682 OF 2025 Bhupala Rana Ram Bishnoi ... Applicant.

Vs.

The State of Maharashtra ... Respondent.

**** Mr. Prasad Bade a/w Mr. Abhijit Kulkarni (Through VC), Chinmay Patil Advocate for the Applicant No.1.

Mr. A. A. Palkar, APP for Respondent/State.

**** CORAM :

ASHWIN D. BHOBE, J.

DATE :

10th JULY, 2025.

P.C. :

1.

Heard Mr. Prasad Bade, learned advocate for the Applicant and Mr. A. A. Palkar, learned APP for the Respondent State.

2.

By the present Bail Application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNNS), the Applicant is seeking bail in connection with Cr. No. 759 of 2024, registered with Pimpri Police Station, for the offences punishable under Sections 318, 316(1), 316(2) of BNS and under Section 66(c) 66(d) of Information Technology Act. Said crime is registered RCC No. 1353 of 2025 and is pending on the file of Judicial Magistrate, First Class Pimpri, Pune.

3.

Case of the prosecution is that the informant, Mr. Akash Vinod Nagpure, by way of WhatsApp chat, was induced to invest a total amount of Rs. 1,64,07,7000/- on a promise of instant high returns. The transaction in the subject crime is said to have happened between the period from 24th June 2024 till 21st August 2024. Mr. Sukhdeo Godra is said to have deceived Mr. Aaksh Vinod Nagpure. Crime is registered against unknown persons. Investigation revealed that an amount of Rs.3,00,019/- was received by the Applicant in his Federal Bank Account from the aforesaid amount. Applicant was therefore arrayed as an Accused No.1 in the said crime. There are 13 accused in the said crime. 4.

Applicant was arrested on 2nd April, 2025 and remanded to PCR till 05.04.2025. Bail Application No. 2796 of 2025 filed by the Applicant was rejected by the Learned Additional Sessions Judge, Pune on 21st June, 2025.

5.

Mr. Abhijit Kulkarni, learned Advocate for the Applicant, submits that the involvement of the Applicant in the present crime is on account of the receipt of the amount of Rs. 3 lakhs in Applicant's account. He submits that the Applicant is working as an Anjani Gas Agency delivery boy. He submits that the transactions in the said account of the Applicant indicates that though the amount of Rs. 3 lakhs was deposited in the account, however, the said amount was withdrawn within a day from the said account. He submits that the withdrawals are through the

Immediate Payment Service (IMPS) mode. He submits that there is no material on record to indicate that the Applicant having either induced the Complainant to deposit amount or Applicant having promised any high returns.

6.

Mr. A. A. Palkar learned APP submits that the crime is a well-planned crime, wherein vulnerable investors are induced to deposit amounts and on the promise of high returns. He submits that though the crime is registered against unknown persons, Applicant was arrested upon the transaction of an amount of Rs. 3 lakhs being found in his bank account. He fairly submits that the investigation does not indicate any other involvement of the Applicant in the said crime.

7.

I have perused the records with the assistance of the learned Advocates.

8.

Perusal of the charge-sheet reveals that the involvement of the Applicant, who indisputably is delivery boy at Anjani Gas Agency, has received an amount of Rs. 3,00,019/- in his Federal Bank Account No. 99980122147593. The said amount was transferred from ICICI Bank account No.74005002030, which is alleged to be the account to which the amounts were transferred by the Complainant. Apart from the said involvement of the Applicant, there is no other material to show the complicity of the Applicant in the said crime.

9.

Investigation papers indicate that the said amount was immediately withdrawn from the Applicant's account. Bank statement of the Applicant's account discloses that the said amount was transferred to various accounts by IMPS mode within a day. Other Accused are absconding. Continuation of the Applicant in jail during the pendency of the trial is not warranted. 10.

Mr. Abhijeet Kulkarni submits that the Applicant does not have any criminal antecedents. He submits that the Applicant is employed on a permanent basis with the Anjani Gas Agency. 11.

In view of the above, this Application is allowed on the following terms:- a) Applicant is directed to be released on bail in connection with Crime No. 759 of 2024, registered with Pimpri Police Station, Pune upon furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties each in the like amount, to the satisfaction of the Additional Sessions Judge, Pune.

(b) Applicant shall report to the Investigation Officer, Pimpri Police Station, Pune once in a month i.e. on the first Saturday and third Saturday of every month from 10.00 a.m. to 12.00 p.m., till the framing of

charge in RCC No. 1353 of 2025.

(c) Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with facts of the case so as to dissuade him from disclosing the facts to the Court or any police officer and should not tamper with evidence. (d) Applicant upon release, within 3 days shall furnish to the Investigating Officer, Pimpri Police Station, Pune, his residential addresses with proof and the contact numbers and to keep the Investigation Officer intimated about the change in the same from time to time.

11.

Criminal Bail Application No. 2682 of 2025 is disposed off in the above said terms.

(ASHWIN D. BHOBE, J.) by GAYATRI RAJENDRA SHIMPI Date:

2025.07.10 21:08:07 +0530 GAYATRI RAJENDRA SHIMPI