Hardik Rameshbhai Pansurya v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4439 OF 2025 Hardik Rameshbhai Pansurya ... Applicant

Versus

The State of Maharashtra ... Respondent WITH INTERIM APPLICATION NO. 550 OF 2026 by NILAM SANTOSH KAMBLE Date:

2026.03.12 10:36:35 +0530 NILAM SANTOSH KAMBLE IN BA/4439/2025 Sudhir Raghunath Barot

VERSUS

State Of Maharashtra ____________________________________________________________ Mr.Sachin Ramrao Pawar a/w Mr.Dewang S. Mhatre, for the Applicant. Mr.B.B. Kulkarni, APP for Respondent-State.

Mr.Pratik Rhade, for the Intervenor.

Mr.H.C. Gaikwad, PSI, Lonavala City Police Station. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 10th MARCH 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.234 of 2025 registered with Khadak Police Station, Pune, for the offences punishable under Sections 316(2), 316(5), 318(4), 61(2), 335,

336(2), 336(3), 340(1), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short).

2.

It is prosecution's case that the Applicant and co-accused persuaded the First Informant to invest the amount in their company with the assurance that they will provide raw material to their company. After depositing the amount by the First Informant, no raw material was provided to the First Informant, by the Applicant and co-accused. It is alleged that Applicant conspired with the co-accused and cheated the First Informant. 3.

It is contention of learned counsel for the Applicant that the Applicant has received amount of Rs.14,55,000/- for providing the raw material. To show bona fide the Applicant has deposited the said amount before the Trial Court. The Applicant is behind bars for more than nine months. The Applicant has no antecedents. There is no progress in trial, and requested to allow the Application.

4.

It is contention of learned APP along with learned counsel for Respondent No.2 that the total fraud amount is more than Rs.3,77,00,000/-. The Applicant is one of the conspirators to cheat First Informant. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application.

5.

The learned counsel for Respondent No.2 submits that the Respondent No.2 be permitted to withdraw the amount deposited by the Applicant.

6.

I have heard all learned counsel. Perused charge-sheet and documents produced on record.

7.

The allegations against the Applicant are that he acted as an agent between the First Informant and co-accused and he had received Rs.14,55,000/-. To show bona fide the Applicant has deposited the said amount before the trial court. The Applicant is behind bars for more than nine months. The Applicant has no antecedents. There is no progress in trial. It may take time to conclude the trial. 8.

Considering these facts, I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.234 of 2025 registered with Khadak Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. 9.

The Respondent No.2 shall file Application for withdrawal of the amount before the Trial Court.

10.

The learned counsel for the Applicant submits that the Applicant will not object for withdrawal of the amount, but direction be given to Respondent No.2 that he will redeposit the said amount before the Trial Court as and when required.

11.

All pending Applications are disposed of.

(SHIVKUMAR DIGE, J.)