Vijaysing Shankarsing Thakur v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2182 OF 2025 Vijaysing Shankarsing Thakur ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Siddharth N. Sutaria i/by Mr. Suyash N. Khose and Mr. Abhijit Aher, Advocate for Applicant.

Ms. Savita M. Yadav, APP for the State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

27th November 2025 P.C.:

1.

Heard Mr. Sutaria, learned Counsel appearing for the Applicant and Ms. Yadav, 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.320 of 2025 registered with Dighi Police Station, Pimpri-Chinchwad, for the offences punishable under Sections 318(4), 336(2), 336(3) 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). 3.

As per the prosecution case, the Co-Accused who are the Developers have been granted 20% additional F.S.I. as Developer

was constructing the premises for Economically Weaker Sections (E.W.S.) and for Lower Income Group (L.I.G.). As per the prosecution case, three premises which are to be sold to E.W.S. and L.I.G. category persons have been sold by the Co-Accused Builder/ Developer in the open market for valuable consideration. 4.

It is the submission of Mr. Sutaria, learned Counsel for the Applicant that the Applicant is not involved in the crime. He submits that the Applicant is Estate Manager working with MHADA and he has no role to play in the incident in question. He states that the Applicant will completely co-operate with the investigation. He submits that although there is antecedents of the year 2025, the same is of the same nature. He submits that as per rules of MHADA, the sale is permitted in certain cases. He submits that in any case the Co-Accused/ Developer have already undertaken to deposit the consideration of 3 flats before the learned Trial Court.

5.

On the other hand, Ms. Yadav, learned APP opposed the Application. She submits that the allegations against the Applicant are very serious and therefore custodial interrogation is necessary.

6.

Perusal of the record shows that the allegations made against the Applicant are very serious. However, in the facts and circumstances, custodial interrogation is not necessary. The coAccused i.e. the Developers who are the beneficiaries have already been granted anticipatory bail by a learned Single Judge by Order dated 5th August 2025 in Anticipatory Bail Application No.2177 of 2025 and thereafter this Court has confirmed the said Order. The co-Accused have made voluntary statement of deposit of the amount before the learned Trial Court.

7.

In the facts and circumstances, case is made out for grant of anticipatory bail to the Applicant, hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Vijaysing Shankarsing Thakur be released on bail in C.R. No.320 of 2025 registered with Dighi Police Station, PimpriChinchwad, on executing P.R. bond of Rs.50,000/- and furnishing one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station as and when called by the Police and shall cooperate 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 leave India without prior permission of the Court.

(vi) 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.

BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.11.29 18:22:13 +0530