Tanaji Gyaneshwar Bhoir v. State Of Maharashtra

1 16-ABA 2948-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2948 OF 2025 Tanaji Gyaneshwar Bhoir ... Applicant V/s.

State of Maharashtra ... Respondent ----- Ms. Sushma T. Mishra a/w Munir Ahmed, Anand Mishra for the Applicant. Ms. Anagha Deshmukh, APP for the Respondent-State. PSI U. M. Khirad, Ganeshpuri PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

03RD NOVEMBER 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.11.04 19:22:01 +0530 MUGDHA MANOJ PARANJAPE 1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.103 of 2024 registered with Ganeshpuri Police Station, District Thane (Rural), for the offences punishable under Sections 120-B, 420, 406 read with 34 of the Indian Penal Code.

3.

The allegations against the Applicant and co-accused are of misappropriating the amount to the tune of Rs.98,51,481/- of the Shree Dindeshwar Mahadev Charitable Trust at Yewai, Taluka Bhiwandi. It is alleged that the said amount was collected from the devotees of the temple and was not deposited in the bank account of the Trust. 4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

2 16-ABA 2948-25.doc 5.

Learned Counsel for the Applicant submits that the Applicant has nothing to do with the alleged crime. It it submitted that the main allegations are against the trustees of the Trust. It is submitted that the Applicant is the son of one of the trustees and the allegations against the Applicant are that he received Rs.5,28,000/- out of the defrauded amount. It is submitted that the Applicant, without prejudice to his rights and contentions, is willing to deposit the said amount of Rs.5,28,000/- in the bank account of the Trust in question. It is submitted that there is no need of custodial interrogation as chargesheet has already been filed. It is submitted that there are no criminal antecedents against the Applicant. 6.

On the other hand, Learned APP for the Respondent-State submits that considering the nature of crime, the Applicant may not be released on anticipatory bail.

7.

The prosecution has already filed chargesheet against the present Applicant. There are no criminal antecedents against the Applicant. Considering the overall facts and circumstances of the case, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.103 of 2024 registered with Ganeshpuri Police Station, District Thane (Rural), for the offences punishable under Sections 120-B, 420, 406 read with 34 of the Indian Penal Code, he shall be released on bail on furnishing a PR Bond in the sum of

3 16-ABA 2948-25.doc Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant shall deposit an amount of Rs.5,28,000/- in the bank account of Shree Dindeshwar Mahadev Charitable Trust at Yewai, Taluka Bhiwandi within a period of ten weeks from today. If the Applicant is acquitted, then the said amount shall be refunded to the Applicant.

8.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)