Gajanan Narayan Metkar v. State Of Maharashtra Thr Pso., Ps Tah. Mahagaon Dist. Yavatmal

(P.A.) 12_BA_465_2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.465 OF 2026 Chantelle Mari Lawrenece Jud Albucare ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Vipul Dushing a/w Sandeep Naikoji, Krishma Joshi, Ashraf Kazi, Paritosh Rajhans and Govind Mundhe, for the Applicant.

Mr. Mayur S. Sonavane, APP for the Respondent - State. PSI - Vijay Chaudhary, Bandra Police Station, present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

06TH FEBRUARY 2026 PC:- 1.

By this Application, the Applicant seeks his enlargement on bail in connection with C.R.No. 1848 of 2025 registered with the Bandra Police Station, for the offences punishable under Sections 420, 406,120B read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC'). 2.

There are in all five accused involved in the present crime including the present Applicant. One of them is not traceable.

(P.A.) 12_BA_465_2026.doc 3.

The facts of the prosecution case, is that, the First Informant was promised sale of one flat by the Applicant. She paid Rs. 40 Lakhs to the Applicant for the purchase of said flat. However, it was later revealed that the Applicant had already sold the said flat to a third party and it is not possible for her to get the conveyance executed.

4.

Mr. Dushing, learned counsel for the Applicant, submits that there is no material on record to indicate Applicant's complicity in the present offence. Moreover, the co-accused is protected by an order of a Co-ordinate Bench of this Court, by way of grant of anticipatory bail. The Coordinate Bench while granting relief has also directed the Applicant to deposit some amount. Accordingly, Rs. 32 Lakhs is lying deposited in this Court. Thus, the amount allegedly siphoned from the First Informant is secured. The Applicant is in custody since 5th November, 2025. Considering that the money which was allegedly siphoned by the present Applicant and the co-accused is already secured by order of Co-ordinate

(P.A.) 12_BA_465_2026.doc Bench of this Court. The charge-sheet is filed and custody of the present Applicant may not be required of the present Applicant. In these circumstances, I am inclined to enlarge the Applicant on bail. It is accordingly ordered as under:-

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount; ii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

iii) The Applicant shall also attend the Police Station concerned once in a month between 11:00 a.m. to 02:00 p.m.;

(P.A.) 12_BA_465_2026.doc iv) If the Applicant has not deposited his passport, if any, the Applicant shall deposit the same with the Police Station concerned;

v) The Applicant shall not leave India, without the permission of the Trial Court;

vi) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

vii) The Applicant shall inform his latest place of residence and contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the Police Station concerned;

viii) The Applicant to co-operate with the conduct of the trial;

(P.A.) 12_BA_465_2026.doc ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.

5.

Application is allowed in the above terms and is accordingly disposed of.

6.

It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (DR. NEELA GOKHALE, J)