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Bombay High CourtBA/3635/2025allowed

Sanket Sandip Nhavale v. The State Of Maharashtra

2026-01-19Hon'Ble Shri Justice Nitin B. Suryawanshi3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 3635 OF 2025 Sanket Sandip Nhavale

VERSUS

The State Of Maharashtra Mr. Amol Deshpande a/w Mr. Amol Alman, Ms. Shraddha Kamthe and Mr. Pramit Gore, Advocates for the applicant Mr. P.P. Deokar, APP for State .......

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 19th JANUARY, 2026 ORDER :

1.

Applicant seeks bail in Crime No. 378 of 2025 registered with Rajarampuri Police Station, Dist. Kolhapur for the offences punishable under Sections 3(5), 351(2), 318(4) and 316(2) of Bhartiya Nyaya Sanhita, 2023.

2.

Prosecution case is that, on 18.04.2025 at 1.30 pm, informant received a call on her mobile from unknown person who asked her that he was talking from TRI Department. He told her that a complaint was registered against her in Colaba Police Station on 02.01.2026 and her phone will be disconnected in two hours. Complaint was registered bearing No. MH5621225 i.e. Naresh Goyel

{2} Money Lending and Investment Fraud case involving amount of Rs. 6 Crore. Her Aadhar card was attached in that scam. Then the informant received WhatsaApp video call on her mobile. There were three persons at opposite side and behind them 'Mumbai Police' was written. Therefore, informant thought that they were real police. They asked her that her acts were illegal and she has to fight case in Supreme Court. Her bank details are seen in RBI. They pretended that case was going on against her by showing court set up. Therefore, for verification she has given information on her bank details. She received various calls from different mobile numbers for depositing amount and due to fear she transferred total amount of Rs. 3,57,23,000/- from joint account of herself and her husband on different bank accounts through RTGS and NEFT. She was deceived and she filed report against the unknown persons. 3.

Heard learned advocate for the applicant, learned APP instructed by officer from the concerned police station. 4.

The prosecution case is that Accused No. 11 has given amount of Rs. 5,00,000/-, involved in the crime, in cash, to the present applicant. To show his bonafides, applicant has deposited amount of Rs. 5,00,000/- in the Trial Court. Copy of the receipt is placed on record.

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Applicant is arrested on 29.07.2025 and was in police custody up to 02.08.2025. Thereafter, he is in Magisterial custody. Charge sheet is filed in the present case on 04.08.2025 and case is numbered as R.C.C. No. 1212/2025. There are total 16 witnesses cited in the present case, therefore, trial is not likely to commence and conclude in the near future.

6.

Taking into consideration the role attributed to the applicant and as the applicant has deposited an amount of Rs. 5,00,000/- and since, trial is not likely to conclude in near future, pretrial custodial detention of the applicant is not necessary in the facts of the present case. The applicant, therefore, deserves to be released on bail.

7.

In the result, application is allowed.

8.

Applicant Sanket Sandip Nhavale be released on bail in Crime No. 378 of 2025 registered with Rajarampuri Police Station, Dist. Kolhapur for the offences punishable under Sections 3(5), 351(2), 318(4) and 316(2) of Bhartiya Nyaya Sanhita, 2023, on executing Personal Bond of Rs. 15,000/- with on or more sureties in the like amount.

9.

Applicant shall not tamper the prosecution evidence. (NITIN B. SURYAWANSHI, J.)