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2025:BHC-AS:56766 610 ABA 3415.25.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.3415 OF 2025

Jayeshkumar Sharma s/o Shri. Manibhai …Applicant

Versus

State of Maharashtra …Respondent

Mr. Abdulla Peerzade a/w Mobshshir Khan, Karishma Hiranwale

Advocate for Applicant.

Ms. S.K. Gajre, APP for the State.

PSI, Ramesh B. Kadam, Shirur Police Station, Pune Rural present.

CORAM: MADHAV J. JAMDAR, J.

DATED : 22^nd December 2025

P.C.:

1. Heard Mr. Peerzade, learned Counsel appearing for the

Applicant and Ms. Gajre, learned APP for the State.

2. By this application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicant is seeking

pre-arrest bail in connection with C.R. No.680 of 2025 registered

with Shirur Police Station, Pune Rural, for the offences punishable

under Sections 3(5), 318(2) of the Bharatiya Nyaya Sanhita, 2023

(“BNS”).

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3. It is the submission of Mr. Peerzade, learned Counsel for the

Applicant that the Applicant is not involved in the crime and it is

Accused No.5, i.e. absconding Accused, is involved in the crime.

4. On the other hand, Ms. Gajre, learned APP submits that the

main Accused is the present Applicant i.e. Accused No.1. She

submits that the present Applicant is involved in the crime and to

substantiate said contention, she points out certain Whatsapp chats

between the First Informant and the present Applicant.

5. The prosecution case is set out in paragraph no.8 of the

impugned Order dated 1^st December 2025 passed by the learned

Additional Sessions Judge, Pune in ABA No. 7455 of 2025, which

reads as under “

“8. On perusal of copy of charge-sheet and papers, it

appears that initially bailable offence was registered

against the applicant and co-accused. But later on non-

bailable offence has been added in the crime. From the

contents of FIR itself prima facie non-bailable serious

offence of cheating is made out. There is specific

allegation that the applicant allured informant of giving

loan of Ten Crores and for that demanded one percent

commission. There is also specific allegation that the

photo of cheque of co-accused was sent by applicant on

the mobile of informant and he was asked to transfer

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610 ABA 3415.25.DOC

rupees Ten Lakh in the account of co-accused. There is

also specific allegation that the amount of rupees Ten

Lakh was transferred by informant in account of co-

accused. The informant has also stated mobile number

of applicant in his report. The WhatsApp chats between

informant and applicant support the allegation of

informant. The other co-accused are yet to be arrested.

Amount of crime is yet to be recovered. Though the

some co-accused were arrested and released on bail and

charge-sheet has been filed against them, but in that

charge-sheet applicant has been shown as absconding.

The investigation in respect of applicant is still going

on. Prima facie, it appears that informant came to be

deceived systematically. The applicant is resident of

Gujrat. There is prima facie case against the applicant.

If anticipatory bail is granted to applicant, then he may

create hurdle in investigation and will not co-operate

with investigation. Therefore considering the prime role

attributed to applicant, I am not inclined to exercise

discretion in favour of applicant to grant him

anticipatory bail.”

6. This is a case where by assuring loan of Rupees Ten Crores,

an amount of Rs.10.00 Lakhs has been fraudulently obtained by

the Accused from the First Informant. The Whatsapp chats show

that the first Informant was all along asking for the details of the

financial Company which would be offering such loan of Rupees

Ten Crores. However, in one of the Whatsapp chat, the Applicant

has informed the First Informant as follows :

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