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Bombay High CourtABA/3431/2025disposed off

Rachana Rajan Waghole And ANR v. State Of Maharashtra And ANR

2026-02-17Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3431 OF 2025 1.

Rachana R. Waghole 2.

Rajashree R. Waghole ...Applicants V/s.

The State of Maharashtra & Anr.

...Respondents.

WITH ANTICIPATORY BAIL APPLICATION NO. 3107 OF 2025 Bhavna R. Waghole ...Applicant V/s.

The State of Maharashtra & Anr.

...Respondents.

..............

Mr. Murtaza Nazmi a/w. Adv. Dilip H. Shukla, Mr. Prakash Nichani, Adv. Shreya Karhade and for the Applicants.

Mr. V.N. Sagare, APP for the Respondent/State. Mr. Yuvraj Narvankar a/w. Mr. Mayur Mohite, Mr. Himanshu Maratkar, Mr. Jayesh Bhosale, Mr. Utsav Chandora and Mr. Deepak Jain for the first informant.

PI Sachin S. Khondre and PSI Vaibhav Khade, D.N. Nagar Police Station are present.

..............

CORAM

:

N.R. BORKAR, J.

DATE :

17.02.2026.

P.C. :

1.

Both these applications filed for anticipatory bail are arising out of one and same crime. They are thus being disposed of by this common order.

2.

The applicants are apprehending their arrest in Crime No.811 of 2025 registered at D.N. Nagar Police Station for the offences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code (IPC).

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3.

Mr. Radheya Waghole, the husband of the applicant-Bhavna in ABA No.3107 of 2025, who is also co-accused in the present crime, was working with Kotak Mahindra Bank. The first informant came in his contact as she was having bank account in the said bank. It is alleged that the co-accused Radheya Waghole started inducing her to invest money in share market. It is alleged that when she showed her reluctance to invest money in share market and told him to suggest some other options of investment, he told her to contact the applicant - Bhavna who was working in one investment company. It is alleged that the applicant - Bhavna had induced her to invest Rs.50,00,000/- in WTC Riverside Residence project at Noida.

It is alleged that the applicant - Bhavna had assured her that against the said investment she would get certain interest and after 11 months she would get back her money or she would get certain immovable property. It is alleged that neither she got back her money nor property as promised. It is further alleged that the co-accused Radheya, husband of the applicant - Bhavna, fraudulently got transferred and misappropriated the amount of Rs.2,18,00,000/-. The allegations against the present applicants and other co-accused are thus of defrauding the first informant to the tune of Rs.2,68,00,000/-. 4.

I have heard the learned counsel appearing for the applicants, the learned APP for the respondent / State and the learned counsel for the respondent No.2/first informant. 5.

Learned counsel for the applicants has drawn my attention 2/3

to the various documents and Whatsapp chats between the applicant - Bhavana and the first informant. It appears from the said documents that the first informant has suppressed various facts. It appears that out of defrauded amount after approval of the first informant shares of Rs.2,00,39,500/- were purchased, however, in the first information report the said fact is not disclosed. It further appears that the first informant was aware as to why she was not getting back her money, which she invested in the WTC Riverside Residence Project and by suppressing the said fact she lodged the report. Considering overall facts and circumstances of the case, I am inclined to release the applicants on anticipatory bail. In the result, the following order is passed.

ORDER

A) The Applications are allowed.

B) In the event of arrest of the applicants in C.R. No.811 of 2025 registered at D.N. Nagar Police Station for the offences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code (IPC), they be released on bail on executing P.R. Bond in the sum of Rs.25,000/- each with one surety or two sureties in the like amount. C) The applicants shall attend the concerned police station as and when called and shall cooperate in the investigation. [N.R.BORKAR, J.] 3/3