Swapnil Kautik Thakre v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.494 OF 2025 Swapnil Kautik Thakre ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Ranjit Jadhav (through VC) a/w Mr. Gautam Pandey, Advocate for Applicant.

Mr. S.M. Mangaonkar, APP for the State.

PSI, Mr. Kiran Narwade, Chandan Nagar Police Station, Pune present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

11th November 2025 P.C.:

1.

Heard Mr. Jadhav, learned Counsel appearing for the Applicant and Mr. Mangaonkar, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant, who is Accused No.5 is seeking pre-arrest bail in connection with C.R. No.408 of 2024 registered with Chandan Nagar Police Station, Pune, for the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code, 1860.

3.

The prosecution case is set out in Order dated 24th December 2024 passed by the learned Additional Sessions Judge, Pune, which reads as under:

" 2.

The informant Rajesh Gorakh Yadav had invested in Samruddh Bharat Trading Service, (SBTS) Rs.15,64,712/- in his name and Rs.6,19,998/- in the name of her wife. It is finance company, made advertisements to the public that investing money is beneficial to the investors in sense they will give double return within 20 months from the date of investment and 10% returns out of investment per month and accordingly they had collected huge amount mostly from ex-service men. It was their presentation that they used to invest amount in Cripto currency and that's why they able to give better returns. The said company arranges seminars in various cities and introduced their schemes and appeal to the public to invest their amount by giving assurance of their good returns.

To confirm about their scheme, the informant attended three seminars on 07/01/2023, 16/02/2023 and 17/02/2023 in Lonavala. In that seminar one Prafulla Kamble, Shubhangi Pawar, Swapnil Thakare and Sandip Mule i.e these applicants were present and they were encouraging the people to invest amount. Coaccused Narendra Pawar is the person doing this business with the help of above accused.

this seminar they have distributed ten four-wheeler vehicles. The informant thought that it is good scheme, therefore he invested the above mentioned amount within span of one year. For security purpose they had given cheques to the informant. One cheque was deposited on 07/5/2024 but it was bounced therefore the informant made inquiry with other people and came to know that the cheques of other investors were also bounced. Therefore he tried to contact with Narendra Pawar and other persons but could not get any details. These persons had cheated to 18 other persons and obtained huge amount. The complainant lodged the report about the same with Chandanagar Police Station whereupon Crime No.408/2024 was registered."

4.

It is the main submission of Mr. Jadhav, learned Counsel for the Applicant that the only role attributed to the Applicant is that the Applicant was present in Seminar where the investors were induced to invest. He submits that the main Accused i.e. Accused No.1 has been arrested. Accused No.2 is also arrested. As far as accused No.4 is concerned, she has been granted anticipatory bail by the learned Sessions Judge, Pune by Order dated 11th April 2025 passed in Criminal Bail Application No.353 of 2025. He submits that the role attributed to the present Applicant is the

same as the role attributed by Accused No.4. He submits that not a single Rupee has been deposited in his account. Learned Counsel for the Applicant states that the Charge-sheet is filed and therefore the investigation is complete.

5.

On the other hand, Mr. Mangaonkar, learned APP strongly opposes the application, however he confirms that the Chargesheet is already filed. 6.

Perusal of the record shows that except the allegation that the Applicant was present in the Seminar, there is no other allegation against the present Applicant. No amount has been deposited in the account of the Applicant. The Charge-sheet is already filed. Accordingly, the Applicant can be granted pre-arrest bail. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Swapnil Kautik Thakre be released on bail in C.R. No.408 of 2024 registered with Chandan Nagar Police Station, Pune, on executing P.R. bond of Rs.1,00,000/- and furnishing one or two solvent sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station once in 15 days i.e. on Monday between 11.00 a.m. to 2.00 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.

7.

The Anticipatory Bail Application is allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)