Jaivardhan Varshney v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.306 OF 2025 Jaivardhan Varshney ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Murtaza Noorani a/w Roshani Deshmukh, Burhanuddin Noorani, Advocate for Applicants.

Ms. R.V. Newton, APP for the State.

PI, Mr. Bhausaheb Patil, Wanvadi Police Station, Pune present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

10th November 2025 P.C.:

1.

Heard Mr. Noorani, learned Counsel appearing for the Applicant and Ms. Newton, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.657 of 2024 registered with Wanvadi Police Station, Pune City, for the offences punishable under Sections 406, 420 of the Indian Penal Code. 3.

As per the prosecution the Organisation of the flat purchasers known as Manikchand Malabar Hill Co-operative

Housing Society was formed in or about February 2023 by the owners/members and the builder has handed over the day-to-day affairs of the building maintenance and upkeep to the Organisation in July 2023, nearly 20 years after the completion of the project. 4.

As per the prosecution case, the Applicant has misappropriated the amount collected for formation of the Society and cheated the society.

5.

A learned Single Judge (Coram : Rajesh S. Patil, J.) by detailed Order dated 3rd February 2025 has granted ad-interim protection. In the said Order, it is observed that there is dispute between two factions of the society, with one faction supporting the builder/developer.

6.

Ms. Newton, learned APP although strongly opposes the Application states that the investigation is almost complete and the Charge-sheet will be filed within a period of two weeks. 7.

Accordingly, the Applicant is entitled to pre-arrest bail. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Jaivardhan Varshney be released on bail in C.R. No.657 of 2024 registered with Wanvadi Police Station, Pune City Pune, on executing P.R. bond of Rs.30,000/- and furnishing one or two sureties in the like amount. (ii) The Applicant shall attend the concerned Police Station on 14th November 2025, and 15th November 2025 between 11.00 a.m. to 1.00 p.m. and thereafter as and when called by the Police and shall co-operate with the investigation.

(iii) 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.

(iv) 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.

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

8.

The Anticipatory Bail Application is allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)