Rohan S/O Rajendrasingh Yadav v. State Of Maharashtra Thr Pso, Ps Ranapratap Nagar, Nagpur

1 12-ABA-879-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 879/2025 Rohan S/o Rajendrasingh Yadav and another Vs. State of Maharashtra through P.S.O., Police Station Ranapratap Nagar, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.D. Gaghane, Advocate for Applicants Mrs. Mrunal Barbde, APP for Non-applicant

CORAM:

NIVEDITA P. MEHTA, J.

DATED :

20th NOVEMBER, 2025 1.

Heard.

2.

Issue notice to the non-applicants, returnable on 04.12.2025.

3.

The learned APP waives service of notice for non-applicants and seeks time to file reply. Time as sought is granted.

4.

The applicants have filed this application seeking grant of anticipatory bail, apprehending their arrest in connection with Crime No. 0658/2025 registered at Police Station Ranapratap Nagar, Nagpur, for offences punishable under Sections 316(2), 318(4), and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

5.

The prosecution case is that the Branch Manager of Muthoot Fincorp lodged a complaint alleging that the applicants had pledged certain

2 12-ABA-879-2025.odt impure gold ornaments with the institution for the purpose of securing a loan. Learned counsel for the applicants submits that, based on these allegations, offences have been registered on the ground that the applicants purportedly cheated Muthoot Fincorp. It is contended that the applicants have committed no offence whatsoever. On the contrary, all requisite formalities and verification procedures were undertaken by the Bank Officer of Muthoot Fincorp prior to sanctioning the loan, and therefore the allegation of cheating is inherently untenable. Learned counsel further states that the applicants were summoned to the Police Station for an enquiry pursuant to the said complaint and, in these circumstances, they apprehend arrest.

6.

Per contra, the learned Additional Public Prosecutor submits that the applicants pledged ornaments weighing 150.6 grams and obtained a loan amount of Rs. 8,49,619/-. During the audit process of the Bank, it was discovered that the pledged ornaments were not gold, but silver. According to the prosecution, the applicants intentionally misrepresented the nature of the ornaments and thereby cheated the financial institution. It is further submitted that the offence is of a serious nature and that applicant No. 1 has been involved in a similar incident in the past.

7.

Upon considering the rival submissions, the nature of allegations, and the material placed on

3 12-ABA-879-2025.odt record, this Court finds that custodial interrogation of the applicants does not appear to be necessary at this stage. The fact that the Bank Officer had conducted verification of the pledged ornaments prior to disbursement of the loan is also a relevant circumstance. The applicants have approached this Court due to their apprehension of arrest pursuant to the enquiry initiated by the Police. In view of these factors, this Court is satisfied that the applicants have made out a case for grant of ad-interim anticipatory bail. Hence, the following order is passed:

ORDER

I.

In the event of arrest of the applicants in Crime No. 0658/2025, registered with Police Station Ranapratap Nagar, Nagpur for the offences punishable under Sections 316(2), 318(4) and 3(5) Bharatiya Nyaya Sanhita, 2023, the applicants shall be released on furnishing solvent surety of Rs.20,000/- each with PR bond of like amount.

II.

The applicants shall attend the concerned Police Station as and when called by the Investigating Officer and shall co-operate with the investigation. IV.

Interim protection shall operate till 04.12.2025. (NIVEDITA P. MEHTA, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 20/11/2025 15:58:17