Mangesh Gajanan Nade v. State Of Maharashtra Thr Pso., Ps Old City, Akola Tq. And Dist. Akola
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 363 OF 2026 Mangesh Gajanan Nade Vs.
State of Maharashtra, through Police Station Officer, Police Station Old City, Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri O.Y. Kashid, Advocate for petitioner Mrs M.R. Kavimandan, APP for respondent/State CORAM : SHRI. PRAVIN S. PATIL, JJ..
DATE : 11.06.2026 1.
Heard.
2.
By this application the applicant is seeking the anticipatory bail in Crime No.408/2026, registered with Police Station Old City, Akola for offences under Sections 314, 318(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 r/w Section 3 & 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Act. 3.
The case of the prosecution in short is that in the year 2022, the main accused namely Tushar Takzure started one Takzure Urban Nidhi Ltd. Bank at Akola, who is the Chairman and Founder of the Bank. The present applicant is one of the Director of the said Bank. The allegation in the complaint is that main accused namely Tushar Takzure formed one Tirupati Market Tip (TMT) Group and conducted a meeting at village Sindhkhed Moreshwar, Tq. Barshitakli. In
(2) the said meeting, the villagers were called and it was urged in that meeting that the villagers should invest in the TMT Group and assurance was given that 10% monthly invest will be paid to them. It is also urged in the meeting that if all agriculture produce is sold to the TMT Group by agricultirist then he will grant rates higher than the market rate to them. For this purpose, he provided the Bank account number of the TMT Group.
4.
It is alleged that the informant along with his wife accordingly has invested certain amount in the scheme which was stated by the main accused. After their investment, informant when realize that investment done by them seem to be not proper, went to the main accused for claiming the amount along with interest. However, accused namely Tushar avoided to release the amount and found absconded since May 2025, and also switched off his cell phone. As such, so many persons like informant are the sufferer and, therefore, the offence came to be registered in the matter.
5.
In the present case, looking to the allegations made in the FIR, it is clear that no specific role is attributed to the present applicant in the capacity as a Director of the Bank. Considering the contents of the FIR, the submission of the present applicant, is that he is not at all involved to accept any money from investors. So also, no such allegations are made against him by any investor. Hence, he is entitled for anticipatory bail in the matter.
6.
The learned APP has strongly opposed the present
(3) application. The learned APP has pointed out that in the present matter, the main accused namely Tushar Takzure is arrested and thereafter the investigation is going on in the matter. The learned APP has pointed out from the case diary that the statements of persons recorded by the Investigation Officer as well as the Bank details of the applicant clearly show some money transactions from main accused to his account, hence there is involvement of the applicant in the matter. Hence, according to the learned APP, the applicant is not entitled for the anticipatory bail.
7.
In the present matter, it is admitted fact that the main accused is now arrested by the Investigation Officer. The entire allegations of the informant are against the main accused namely Tushar Takzure. Entire amount has been collected by him under the TMT Group. The case diary shows that the main accused has used the Bank accounts of the present applicants but the same Bank accounts are now seized by the Investigation Officer. In the circumstances, as entire case is on transaction in bank account and same has been seized, the custody of the present applicant is not necessary in the matter.
8.
It is further pertinent to note that the applicant also came with a case that he is one of the investors in the scheme and invested the amount approximately of Rs.7,10,000/- in various schemes. As such, it is clear that the applicant was associated with the accused for getting the benefit of the scheme, but he has also been cheated in the matter. In the
(4) circumstances, in my opinion, the custody of the present applicant is not necessary and he can be directed to attend the Police Station and co-operate with the investigation in the matter. Accordingly, the following the order is passed:
ORDER
i) The application is allowed.
ii) The anticipatory bail is granted in Crime No. 0408/2026, registered with Police Station Old City, Akola for offences under Sections 314, 318(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 r/w Section 3 & 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Act, on furnishing PR bond of Rs.50,000/- with one solvent surety of the like amount. iii) The applicant is directed to appear before the Assistant Police Inspector, Economic Wing, Akola, on every Monday, Wednesday and Friday from 11:00 a.m. to 4:00 p.m. till the filing of the charge-sheet in the matter. iv) The Applicant shall, at the time of execution of bond, furnish his address and telephone/mobile number(s) to the Investigating Officer and the Court concerned, and shall not change the same till the final disposal of the case.
v) The Applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer.
(5) collected or yet to be collected by the Investigating officer. vii) In case of breach of any conditions, the learned trial court is at liberty to cancel the bail after giving opportunity of hearing to both the sides.
9.
The Criminal Application stands disposed of.
(PRAVIN S. PATIL, J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 11/06/2026 19:28:56