Sarala Kishorbhai Tank v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3280 OF 2025 Sarala Kishorbhai Tank ...Applicant

Versus

State Of Maharashtra (At the instance of P.I., Upnagar Police Station, Nashik)

...Respondent

Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2026.02.05 20:10:40 +0530 SHRADDHA KAMLESH TALEKAR Mr.Hrishikesh Giri a/w. Ms. Mrunal Shinde, for Applicant. Ms. R.V. Newton, APP, for Respondent-State.

PSI V.P. Sapkale, Upnagar Police Station, Nashik City.

CORAM

: MADHAV J. JAMDAR, J.

Date : 5th February, 2026 P C :

1.

Heard Mr. Giri, Learned Counsel appearing for the Applicant and Ms. Newton, Learned APP appearing for the State. 2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("Sanhita") seeking pre-arrest bail in connection with C.R. No. 250 of 2024 registered with Upnagar Police Station, Nashik City for the offences punishable under Sections 465, 467, 468, 471, 420, 379 read with 120-B and 34 of the Indian Penal Code, 1860.

3.

The prosecution case is set out in paragraph No. 6 of the order dated 23rd June, 2025 passed by Learned Additional Sessions

Judge, Nashik Road in Criminal Bail Application No. 62 of 2025, which reads as under :

"6. As per the FIR, the complainant had kept cheque book and passbook on the bed in the hall. Out of them, 38 cheques were stolen. Accused Disha and her associates withdrawn the money from the account of the complainant by making forged signatures on the stolen cheques and thereby siphoned off Rs. 1,23,85,367/- and the said amount was transferred to the accounts of accused Disha and her relatives, including the applicant." 4.

It is the submission of Mr. Giri, Learned Counsel for the Applicant that the main allegations are against Accused Nos. 1 -Disha Tank, who is the daughter and Accused No. 2, Kishorbhai N. Tank, the husband of the present Applicant. He submits that the present Applicant is Accused No. 3 and is a housewife of 50 years. Only an amount of Rs. 7,50,000/- out of total amount of Rs. 1,23,85,367/- has been deposited in the Applicant's bank account and for that also Accused Nos. 1 and 2 are responsible. He, therefore, submits that the role of the present Applicant is not major and she is not involved in the crime. The charge-sheet is also filed against Accused Nos. 1 and 2 and they are already released on regular bail.

5.

On the other hand, Ms. Newton, Learned APP submits that the complainant is a senior citizen of 88 years. The offence is very

serious and the Applicant is involved in the crime as a beneficiary as an amount of Rs. 7,50,000/- was transferred in her bank account. Therefore, the application for anticipatory bail be rejected. 6.

Perusal of the record shows that most of the allegations are against accused No. 1-Disha. Although, the role of the present Applicant, who is a mother of Accused No. 1- Disha, is that an amount of Rs. 7,50,000/- was transferred in her bank account. Mr. Giri submits that the Applicant is a housewife of 50 years old and her account is already frozen. The charge-sheet is already filed against Accused Nos. 1 and 2. Thus, the investigation is almost complete. 7.

Accordingly, in the facts and circumstances, a 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-Sarala Kishorbhai Tank in connection C.R. No. 250 of 2024 registered with Upnagar Police Station, Nashik City, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two solvent sureties in the like amount.

b) The Applicant shall attend the concerned Police Station as and when called by the concerned investigation officer and cooperate with the investigation.

c) The Applicant shall furnish her cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

d) 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.

e) 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 disposed of accordingly. [ MADHAV J. JAMDAR, J.]