Raju Vishwanath Gavkar v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2667 OF 2025 Raju Vishwanath Gavkar ...Applicant V/s.
The State of Maharashtra and Anr.
...Respondents
Mr. S. R. Pille, a/w Mr. Sumeet G.,Advocate for the Applicant. Mr.V. N. Sagare, APP for the Respondent/State.
CORAM
:
N.R. BORKAR, J.
DATE :
26.09.2025.
P.C. :
1.
This is an application for Anticipatory Bail. 2.
The applicant is apprehending his arrest in Crime No. 137 of 2025 registered at Vitthalwadi Police Station, Dist-Thane, for the offences punishable under Sections 354 & 406 of the Indian Penal Code, 1860.
3.
According to the first informant, she was working as an office assistant in the garment company of the present applicant. It is alleged that in October-2021, her uncle was in need of financial assistance. As the bank was not willing to grant a loan to her uncle, the present applicant persuaded the first informant to obtain a loan of Rs. 13,00,000/- in her name. The allegations 1/3
against the present applicant are that he misappropriated the said loan amount for personal gains. There are allegations that the amount of Rs.3,50,000/- which was transferred from the bank account of her aunt to the applicant's bank account as repayment of the loan amount was also misappropriated by the applicant. There are also allegations of outraging the modesty of the first informant .
4.
I have heard the learned counsel for the applicant and the learned APP for the respondent-State.
5.
The learned counsel for the applicant submits that the FIR came to be lodged with an ulterior motive. It is submitted that the applicant has nothing to do with the alleged crime. It is submitted that the amount of Rs.3,50,000/- was never transferred to the applicant's bank account as alleged by the first informant. It is further submitted that there are no other criminal antecedents against the applicant.
6.
On the other hand, the learned APP for the respondentState submits that the applicant is involved in the serious crime of breach of trust and outraging modesty. It is submitted that considering the nature of crime the applicant may not be released 2/3
on anticipatory bail.
7.
The prosecution has filed the charge-sheet. Nothing is pointed out in relation to the alleged transfer of Rs.3,50,000/-into the bank account of the applicant. In that view of the matter, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :
O R D E R
a) The Application is allowed.
b) In the event of arrest of the applicant in connection with Crime No. 137 of 2025 registered at Vitthalwadi Police Station, Dist-Thane, for the offences punishable under Sections 354 & 406 of the Indian Penal Code, 1860, he be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.
c) The applicant shall not tamper with the prosecution evidence.
[N.R.BORKAR, J.] 3/3