Sanika Abhay Upadhye v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 905 OF 2025 Sanika Abhay Upadhye ... Applicant

Versus

The State of Maharashtra & anr.

... Respondents *** Mr. Ashutosh Purwant i/by Adv. Viresh Purwant for the Applicant. Mr. S. S. Choudhary, A. P. P. for the Respondent-State. API Jeevan Nirgude, EOW Solapur City present. ***

CORAM

: M.W. CHANDWANI, J.

DATE : 29th April, 2026.

P. C. :

1.

The Applicant apprehends arrest in connection with Crime No. 0326 of 2023, registered with Vijapur Naka Police Station, District Satara, for offences punishable under Sections 420, 467, 468, 471, and 120 B of the Indian Penal Code, 1860.

2.

Heard the learned counsels for the parties. I have gone through the case diary.

3.

It appears that main accused-Manoj Godbole, introduced himself as a Nayab Tahsildar at Mangalvedha, Solapur and mis-represented to the complainant that he could provide land at a rate lower than the prevailing

market rate and could regularize such lands. Acting upon this inducement, the complainant initially paid an amount of Rs. 5,00,000/- in respect of a property situated at Solapur. Thereafter, further amounts were paid by the complainant for other properties on the inducement of Accused No. 1, who ultimately deceived the complainant.

4.

Insofar as the present Applicant is concerned, it appears that Accused No. 1 informed the complainant that the Applicant was the legal heir of the owner of a property situated at Village Valvan, Taluka Maval, District Pune, and that the said property was agreed to be sold for Rs. 10,50,00,000/- (Rupees Ten Crore Fifty Lakhs only). It was further represented that the Applicant required Rs. 20,00,000/- for mutation of her name in the record, and that upon such payment, the complainant would earn a profit of Rs. 3,50,00,000/-. Acting on this, the complainant transferred Rs. 20,00,000/- to the bank account of Accused No. 1.

5.

It is contended that the Applicant was merely working with Accused No. 1 and that Accused No. 1 misused her name. It is further submitted that no amount has been transferred to the account of the Applicant. 6.

Upon perusal of the case diary, it does not appear that any amount was transferred to the Applicant. Although, the Applicant was working with the main accused, it is contended that she has not inherited any property. In the absence of any financial transaction involving the Applicant, there is a

possibility that her name was used by Accused No. 1 without her active involvement.

7.

Considering the aforesaid aspects and the role attributed to the present Applicant who is a lady, particularly the fact that no amount has been transferred to her, a case is made out for grant of anticipatory bail. 8.

As regards the apprehension of the prosecution concerning the necessity of custodial interrogation of the Applicant in relation to the alleged agreement, the same can be addressed by imposing appropriate conditions. Hence, the following order:

::ORDER::

a) Anticipatory Bail Application is allowed.

b) In the event of arrest in connection with Crime No. 0326 of 2023 registered with Vijapur Naka Police Station, District Satara, for offences punishable under Sections 420, 467, 468, 471, and 120 B of the Indian Penal Code, 1860, the Applicant - Sanika Abhay Upadhye shall be released on bail upon furnishing a P.R. bond in the sum of Rs. 25,000/- with one solvent surety in the like amount. c) The Applicant shall attend the concerned police station on 05.05.2026 and 08.05.2026 between 10:00 a.m. and 12:00 noon, and shall cooperate in the investigation.

d) The presence of the Applicant before the Investigating Officer shall be treated as custody within the meaning of Section 23 of the Bharatiya Sakshya Adhiniyam.

e) The Applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses and shall fully cooperate in the investigation.

f) With these directions, the Application stands disposed of. [ M.W. CHANDWANI, J. ] Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2026.04.29 18:08:07 +0530 TALLE SHUBHAM ASHOKRAO