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Bombay High CourtABA/705/2026allowed

Kailash Bansilal Soni Son Of Bansi Lal Soni v. The State Of Maharashtra And ANR

2026-03-18Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 705 OF 2026 Kailash Bansilal Soni son of Bansi Lal Soni ...Applicant V/s.

The State of Maharashtra & Anr.

...Respondents.

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

Mr. Rahul J. Gada for the Applicant.

Ms Shilpa G. Talhar, APP for the Respondent/State. PSI Sagar T. Avate, Kurar Police Station is present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

18.03.2026.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 556 of 2025 registered at Kurar Village Police Station for the offences punishable under Sections 3(5), 351(3), 352, 318(4) & 316(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

It is the case of the prosecution that the first informant carries out the transactions pertaining to gold & silver. It is alleged that the co-accused Vaibhav Gandhi and Kalidas Naagar misappropriated 3843.954 grams of gold belonging to the first informant. The allegations against the present applicant are of purchasing about 70 grams out of the said misappropriated gold. 1/3

4.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent/State. 5.

The anticipatory bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has produced on record copies of the orders dated 14th October 2025 and the order dated 19th November 2025 passed by this Court in Anticipatory Bail Application No. 2735 of 2025 and Anticipatory Bail Application No. 3167 of 2025. The learned counsel for the applicant submits that by the said order this Court has released the co-accused Dinesh P. Panchal, Ishwarlal P. Panchal and Mukesh Kumar Panchal and Pradeep Doshi on anticipatory bail. It is submitted that the allegations against the present applicant and said co-accused are identical. 6.

On the other hand, the learned APP for the respondent/State submits that considering the nature of crime, the applicant may not be released on anticipatory bail.

7.

The main allegations are against the co-accused Vaibhav Gandhi and Kalidas Naagar. There are no other criminal antecedents against the present applicant. Considering the said facts and circumstances, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :

O R D E R

A) The Application is allowed.

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B) In the event of arrest of the applicant in C.R. No. 556 of 2025 registered at Kurar Village Police Station for the offences punishable under Sections 3(5), 351(3), 352, 318(4) & 316(2) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

C) The applicant shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the investigation.

[N.R.BORKAR, J.] 3/3