Ajit Vishvasrao Toraskar And ANR v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2243 OF 2025 Ajit Vishvasrao Toraskar & Anr.
...Applicants
Versus
The State of Maharashtra
...Respondent
Mr. Satyam Harshad Nimbalkar a/w. Mr. Abhishek Ulhas Arote, for the Applicants.
Ms. S. M. Yadav, APP, for the Respondent-State. Mr. R. S. Dhaware, PSI, attached to Chandan Nagar Police Station, Pune, present.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
9th OCTOBER 2025 PC:- 1.
Heard Mr. Nimbalkar, learned Counsel appearing for the Applicants and Ms. Yadav, learned APP appearing for the Respondent-State.
2.
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.217 of 2025 registered with Chandan Nagar Police Station, Pune, for the offences punishable under Sections 118(1), 126(2), 127(2), 127(8), 137(2), 140(3), 3(5),
324(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 ("BNS").
3.
It is the submission of Mr. Nimbalkar, learned Counsel appearing for the Applicants that the role which is attributed to the present Applicants is that they have abused the First Informant. There is no other role which is attributed to the present Applicants. He states that as far as the Applicant No.1 is concerned, there is one antecedent, however, the Applicant No.1 has been acquitted in that offence.
4.
On the other hand, Ms. Yadav, learned APP strongly opposes the Anticipatory Bail Application. She submits that the offence is very serious. The First Informant and his brother have collected huge amount in crores from public on assurance of giving good returns and they had not returned it. The Applicants and the other co-accused have kidnapped the First Informant. She submits that there are total 8 accused, out of the same accused Nos.1 and 4 are arrested and the accused No.2 has been released on bail. She submitted that therefore, the custodial interrogation of the Applicants is necessary.
5.
The prosecution case is set out in paragraph Nos.2 and 3 of the order dated 30th July 2025 passed by the learned Additional Sessions Judge, Pune in Bail Application No.3958 of 2025. The said prosecution case is as follows:
"2. Facts of the prosecution case are as under : The complaint is lodged by Imran Nadim Choudhari. In short it is alleged that he and his brother Salman had collectedamount from people with assurance about handsome returns under name as Bulls Capital. They used to invest said amount in company of Mangesh Kute by name Whips. Said company went in loss therefore they could not get returns and in turn investors who invested amount with the informant and his brother started insisting for return of their amount. Around Rs.25 crores have been received by the informant and his brother but due to loss he could not able to return it. Informant belongs from Akluj, District Solapur and persons in that taluka had invested amount. Accused Chaitnya Toraskar had invested amount and he was insisting for return of the same, but informant was not able to return amount.
3. On 24/5/2025 at about 1.30 p.m., informant was proceeding from Chandanagagar through Ciaz Car bearing MH-12/NJ-1493. When he reached near Sundarabai Marathe School one white colour innova car came across and stopped his vehicle. Person Chaitanya Toraskar, Lucky, Anna and one unknown persons alighted from that vehicle and came near Ciaz Car and were insisting to open door. But informant was afraid therefore he did not open the door. Anna hit on the glass and broken the driver side window glass and opened the door by opening back door. Three persons sat on the back seat side of said car. Chaitnya Toraskar pushed to
the informant and occupied the driver seat in the said car and started driving and took that car at Nagar Pune Road and take at Yerawada Road and stopped near Phoenix Mall. At that time one black colour Creta Car was there. Innova vehicle was also came there. Back side person sitting in Ciaz car got down to informant and put him in Innova Car. Applicant Ajit Toraskar and one person knowing him by name as 'Major' got down from Creta Car and they abused to the informant and thereafter persons who brought to the informant took him through Innova Car at Akluj and for three days they confined and were insisting him for payment of money invested by them. Chaitanya Toraskar invested Rs.4crores and he was asking to return of Rs.10crores. Raja Naikwadi had invested Rs.60,00,000/- and he was asking Rs.1,50,00,000/- but informant and his brother were not able to return that amount. They threatened to the informant that, if amount will not returned, they will not leave to him and his family and on 1/6/2025 they left to the informant at about 11.30 p.m. at Warwand Toll Naka on Tembhurni Road.
Then after reaching at Pune the complainant lodged the complaint."
6.
Perusal of the said order dated 30th July 2025 passed by the learned Additional Sessions Judge, Pune in Bail Application No.3958 of 2025 clearly shows that even the learned Additional Sessions Judge also agreed with the submission made on behalf of the Applicant that the only role which has been alleged against the Applicants is that the Applicants have abused the First Informant.
7.
Although, the offence is very serious, the only allegation against the Applicants is that they have abused the First Informant. 8.
Mr. Nimbalkar, learned Counsel appearing for the Applicants submits that the Applicants will co-operate with the investigation. 9.
Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:
O R D E R
(a) In the event of arrest of the Applicant No.1-Ajit Vishvasrao Toraskar and Applicant No.2-Siapan Imam Mulla in connection with C.R. No.217 of 2025 registered with the Chandan Nagar Police Station, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.
(b) The Applicants shall attend the concerned Police Station on 15th October 2025, 16th October 2025 and
17th October 2025 between 11:00 a.m. to 02:00 p.m. and thereafter, the Applicants shall attend the concerned Police Station on every Sunday between 11:00 a.m. to 01:00 p.m. till filing of the chargesheet and shall cooperate with the investigation. In addition, the Applicants shall attend the concerned Police Station as and when called.
(c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(d) The Applicants 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.
(e) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
(f) The Applicants shall not leave India without prior permission of the Court.
10.
The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:
2025.10.10 10:15:19 +0530 SONALI MILIND PATIL