Eknath Ukhardu Gunjal v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3066 OF 2025 Eknath Ukhardu Gunjal ...Applicant V/s.

The State of Maharashtra and Anr.

...Respondents

Mr. Abhishek Kulkarni a/w Mr. Sagar Wakale, Adv. R. S. Pere, Advocate for the Applicant.

Mr. B. V. Holambe Patil, APP for the Respondent/State. Adv. Umar Kazi a/w Ms. Sonia Santis, Advocate for Intervener.

CORAM

:

N.R. BORKAR, J.

DATE :

20.11.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending his arrest in Crime No. 736 of 2025 registered at Vartak Nagar Police Station, for the offences punishable under Sections 316(2), 318(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The applicant is accused No.2 in the aforesaid crime. It 1/4

is the case of the prosecution that accused No.1, who is the wife of the present applicant, had started a company namely Samagra Sansiddhi Financials involved in the business of share trading. It is alleged that accused No. 1 induced the complainant to invest in her company and promised good returns. Accordingly, the complainant availed a loan of Rs.2,00,000/- and invested the same with accused No.1. Initially, upon receiving certain profits, other family members and friends of the complainant also invested in the said company. However, subsequently, the accused No.1 failed to return the invested amount to the complainant and other investors. The allegations against the present applicant and other co-accused are of defrauding the complainant and other witnesses to the tune of Rs.41,48,952/-.

4.

I have heard the learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the respondent No.2.

5.

The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that the main allegations are against the accused No. 1. It is 2/4

further submitted that there is no need of custodial interrogation and the applicant is ready and willing to co-operate in the investigation.

6.

On the other hand, the learned APP for the respondentState and the learned counsel for the respondent No.2 submit that the applicant has received an amount of Rs.5,00,000/- out of the defrauded amount. It is submitted that considering the nature of crime the applicant may not be released on anticipatory bail. 7.

The learned counsel for the applicant, on instructions, submits that the applicant, without prejudice to his rights and contentions, is ready and willing to deposit the amount of Rs.5,00,000/-.

8.

I have perused the First Information Report. The main allegations are against the accused No.1. Considering the said fact, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :

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O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicant in connection with Crime No. 736 of 2025 registered at Vartak Nagar Police Station, for the offences punishable under Sections 316(2), 318(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant 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 attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

d) The applicant shall deposit the amount of Rs.5,00,000/- with the Registry of this Court within a period of four weeks from today.

[N.R.BORKAR, J.] 4/4