Prajakt Prabhakar Surve v. State Of Maharashtra And ANR

1 95-ABA 3376-25 @ connected matters.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3376 OF 2025 Prajakt Prabhakar Surve ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents WITH ANTICIPATORY BAIL APPLICATION NO.2946 OF 2025 Rajiv Devendra Sone ... Applicant V/s.

State of Maharashtra ... Respondent WITH INTERIM APPLICATION NO.4056 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.2946 OF 2025 MUGDHA MANOJ PARANJAPE ----- Mr. Niranjan Mundargi a/w Keral Mehta i/by Rani Dwivedi for the Applicant in ABA No.2946 of 2025.

Mr. Sushil Gaglani & Neha Sonar for the Applicant in ABA No.3376 of 2025.

Mr. P. H. Gaikwad, APP for the Respondent-State. Mr. Shailendra Singh for the Intervenor-first informant. API S. Y. Pathan, Unit I, Crime Branch, Mumbai is present. ----- MUGDHA MANOJ PARANJAPE Date: 2026.01.31 13:10:40 +0530 CORAM :

N.R. BORKAR, J.

DATE :

17TH JANUARY 2026 P.C. :

1.

As both these Applications for anticipatory bail are arising out of one and the same crime, they are being disposed of by this common order.

2 95-ABA 3376-25 @ connected matters.doc 2.

The Applicants in both these Applications are apprehending their arrest in Crime No.648 of 2025 registered with Khar Police Station for the offences punishable under Sections 420, 406 read with 34 of the Indian Penal Code.

3.

It is the case of the prosecution that on 22nd December 2022, the first informant had handed over his BMW car to co-accused Natwar Raichura with an understanding that he would find a customer for letting the car on rent. It is alleged that in April 2023 a car dealer informed him that his car was being offered for sale by the Applicant in Anticipatory Bail Application No.3376 of 2025. It is alleged that on inquiry, he found that one of the insurance companies had issued insurance policy in the name of one of the co-accused. He later on found that his car is in possession of the Applicant in Anticipatory Bail Application No.2946 of 2025, who refused to hand it over to him. It is alleged that the Applicant and the other coaccused tried to transfer the ownership of his car by preparing false documents.

4.

I have heard respective Learned Counsel for the Applicants, Learned APP for the Respondent-State and Learned Counsel for the first informant.

5.

Learned Counsel for the Applicant in Anticipatory Bail Application No.2946 of 2025 submits that the Applicant purchased the car in question from the car dealer by paying an amount of Rs.9,00,000/-. It is submitted that the Applicant has nothing to do with the alleged crime. It is submitted that there is no need of custodial interrogation and the Applicant is ready and willing to cooperate in the investigation.

3 95-ABA 3376-25 @ connected matters.doc 6.

Learned Counsel for the Applicant in Anticipatory Bail Application No.3376 of 2025 submits that the Applicant had paid an amount of Rs.10,00,000/- to the co-accused Natwar Raichura on the instructions of the first informant towards purchase of the car in question. It is submitted that afterthought allegations are made against the Applicants with some ulterior motive. In support of it, Learned Counsel for the Applicant has drawn my attention to the NC reports lodged by the first informant and certain WhatsApp chats. It is submitted that the Applicant is ready and willing to cooperate in the investigation.

7.

On the other hand, Learned APP for the Respondent-State and Learned Counsel for the first informant submit that the present Applicants and the co-accused are involved in serious offence of forgery. It is submitted that considering the nature of crime, the Applicants may not be released on anticipatory bail.

8.

I have perused the documents on record. Prima-facie from the said documents it appears that the first informant has made afterthought allegations against the Applicants. In one of the WhatsApp chats between the first informant and the wife of the Applicant in Anticipatory Bail Application No.3376 of 2025, the first informant told her that the first informant can save the Applicant from the present crime. Considering the overall facts and circumstances of the case, I am inclined to release the Applicants on anticipatory bail on certain conditions. Hence, the following order:-

4 95-ABA 3376-25 @ connected matters.doc

ORDER

i.

The Anticipatory Bail Applications are allowed. ii.

In the event of the arrest of the Applicants in Crime No.648 of 2025 registered with Khar Police Station for the offences punishable under Sections 420, 406 read with 34 of the Indian Penal Code, they shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one or two sureties in the like amount.

iii. The Applicants shall attend the concerned police station as and when called by the investigating officer and shall cooperate in the investigation.

9.

The Anticipatory Bail Applications are disposed of in the aforesaid terms.

10.

The Interim Applicant also stands disposed of. (N.R. BORKAR, J.)