..1.. (Ord.
1) ABA – 443/2025, 445/2025, 447/2025 and 859/2025
MHTH010016592025
ORDER BELOW EXH. 1 IN ANTICIPATORY BAIL
APPLICATION NO. 443/2025
CNR NO.MHTH01-001659-2025
Mr.Akash Chandrakant Vasmane ... Applicant
V/s.
State of Maharashtra
(Through Shil-Daigahr Police station) ... Opponent.
----------------
MHTH010016722025
ORDER BELOW EXH. 1 IN ANTICIPATORY BAIL
APPLICATION NO. 445/2025
CNR NO.MHTH01-001672-2025
Mr.Arun Arjun Patil ... Applicant
V/s.
State of Maharashtra
(Through Shil-Daigahr Police station) ... Opponent.
--------------------
ABA - 443-25, 445-25, 447-25& 859-25 ( Exh.1).odt .....2/-
..2.. (Ord.1) ABA – 443/2025, 445/2025, 447/2025 and 859/2025
MHTH010016812025
ORDER BELOW EXH. 1 IN ANTICIPATORY BAIL
APPLICATION NO. 447/2025
CNR NO.MHTH01-001681-2025
Mr. Rupak Bhattacharji ... Applicant
V/s.
State of Maharashtra
(Through Shil-Daigahr Police station) ... Opponent.
------------
MHTH010030222025
ORDER BELOW EXH. 1 IN ANTICIPATORY BAIL
APPLICATION NO. 859/2025
CNR NO.MHTH01-003022-2025
Mr. Piyush Chimanlal Shah and 1 ... Applicants
V/s.
State of Maharashtra
(Through Shil-Daigahr Police station) ... Opponent.
------------------------
ABA - 443-25, 445-25, 447-25& 859-25 ( Exh.1).odt .....3/-
..3.. (Ord.1) ABA – 443/2025, 445/2025, 447/2025 and 859/2025
Applicants Akash Chandrakant Vasmane, Arun Arjun
Patil, Rupak Bhattacharji, Piyush Chimanlal Shah and Urvil Piyush
Shah, (in application No.443/2025, 445/2025, 447/2025 and
859/2025 respectively) apprehending arrest in crime
No.0174/2025 registered with Shil-Daighar Police station for the
offences punishable under sections 316(2), 318(4), 3(5) of
Bharatiya Nyaya Sanhita, 2023, have approached this Court and
prayed for anticipatory bail.
2] Perused the applications, say filed by the prosecution.
Heard learned advocate Mr.N.M.Mote appearing on behalf of the
applicant Akash Chandrakant Vasmane, Mr. D.G.Gholap appearing
on behalf of the applicant Arun Arjun Patil, Mr. Sachin Pathak
appearing on behalf of the applicant Rupak Bhattacharji and Smt.
Kavita Mishra appearing on behalf of the applicants Piyush
Chimanlal Shah and Urvil Piyush Shah as well as learned A.P.P.
Smt. R.G.Kshirsagar, gone through the record of the case.
3] F.I.R. dated 09.02.2025 is filed by Shivnath
Raghunathprasad Gaur, octagenarian residing at Siddheshwar Pam
Society, Room No.701, Desai Naka, Thane. His wife and son are no
more. He alone is residing in above flat. The flat is very big for
him. Therefore, decided to sell the same and to buy a small flat. In
2022 through broker, Keshav he decided to sell the flat to
Hanuman Patil, but purchaser could not get the loan and the
transaction could not be materialized.
ABA - 443-25, 445-25, 447-25& 859-25 ( Exh.1).odt .....4/-
..4.. (Ord.1) ABA – 443/2025, 445/2025, 447/2025 and 859/2025
4] In February 2024, applicants Piyush Shah, Urvil Shah
and Arun Patil visited his house. Arun Patil was intending to
purchase the flat. After negotiations he decided to purchase the
flat for Rs.83 lakhs. On 06.03.2024 registered deed was executed
in presence of Piyush Shah and Urvil Shah. Piyush Shah and Urvil
Shah were having account in Axis Bank, the applicant Piyush
therefore, suggested the informant to open bank account in Axis
bank. Informant agreed for the same. He gave papers and
accordingly account was opened in Axis bank. Informant handed
over cheque of Rs.25,000/- to the applicant Piyush Shah. He also
paid Rs.25,000/- in cash. Till November 2024, he did not receive
the amount of consideration, therefore, made inquiry with India
Bulls Housing Finance and came to know that, loan of Rs.65 lakhs
was already sanctioned. He came to know that, the amount of
Rs.65 lakhs were credited in his Axis bank account. He also came
to know that, the amount credited in his Axis bank account was
transferred by Piyush Shah and Urvil Shah in the account of HDFC
bank, DAV bank and SBI of informant. Informant was asked to
withdraw the amount in cash. Informant was told that, for
obtaining loan the amount was transferred.
5] Informant did not receive the amount. Therefore, he
inquired with Axis bank and came to know that, mobile
No.8591760837 standing in the name of the applicant Arun Patil
was linked to the account opened in Axis bank. Said SIM card was
ABA - 443-25, 445-25, 447-25& 859-25 ( Exh.1).odt .....5/-
..5.. (Ord.1) ABA – 443/2025, 445/2025, 447/2025 and 859/2025
with the applicant Piyush. The amount of Rs.17,49,000/- and
Rs.65,00,000/- were credited in Axis bank account on 08.05.2024
and 22.07.2024 respectively, but the said amount was transferred
in the account of applicants. Therefore, he realized that, applicants
in furtherance of the common intention have cheated him.
6] According to learned advocate for applicant Akash
Vasmane, he is serving as Dy. Manager in Indus Ind Bank, Sanpada
branch, another applicant Arun Patil is his friend, who is not well
educated. He used to take opinion of the applicant Akash. He got
acquainted with applicants Piyush Shah and Urvil Shah through
Arun Patil. They told him that, their account is blocked and
transferred the amount in his account and thereafter withdrew the
same. He has no concern with the offence.
7] According to learned advocate for the applicant Arun
Patil he purchased a flat of informant by availing loan. The amount
was transferred in the account of the informant in Axis bank. The
other applicants Piyush Shah and Urvil Shah were in possession of
the SIM card standing in his name, which was linked to the Axis
bank account of the informant. Piyush Shah and Urvil Shah
withdrew the amount from the account of informant.
8] After the execution of registered document, leave and
licence agreement is executed in favour of the informant, who paid
heavy deposit of Rs.22,50,000/-. The amount was transferred by
ABA - 443-25, 445-25, 447-25& 859-25 ( Exh.1).odt .....6/-
..6.. (Ord.1) ABA – 443/2025, 445/2025, 447/2025 and 859/2025
the informant in his account. There is no question of cheating. The
informant is in possession of that flat. The applicant Arun Patil is
paying loan instalments.
9] According to learned advocate for applicant Rupak
Bhattacharjee he is working as agent. He received the amount
towards his commission.
10] According to learned advocate for applicants Piyush
Shah and Urvil Shah, they have not committed any offence. The
amount of consideration was received by the informant. They paid
Rs.14,00,000/- to the informant. The amount was transferred in
the bank account of the informant.
They are ready and willing to co-operate the
investigating officer. Therefore, prayed for bail.
11] The prosecution has opposed the applications.
According to learned APP, applicants are beneficiaries. The amount
was transferred in their account from the Axis bank account
opened in the name of the informant. Applicants Piyush Shah and
Urvil Shah have criminal antecedents. Similar type of offences are
registered against them at Dadar police station, Amboli police
station and MHB police station. The amount is to be recovered.
Therefore, custodial interrogation is necessary. Therefore, prayed
for rejection of the applications.
ABA - 443-25, 445-25, 447-25& 859-25 ( Exh.1).odt .....7/-
..7.. (Ord.1) ABA – 443/2025, 445/2025, 447/2025 and 859/2025
12] The investigating officer during the course of
investigation has collected extract of account of the informant
which was opened in the Axis bank, which shows that, on
03.06.2024 amount of Rs.3,00,000/-, on 30.06.2024 amount of
Rs.40,000/-, on 01.07.2024 amount of Rs.1,00,000/- and on
22.07.2024 amount of Rs.2,00,000/- were transferred to the
account of the applicant Akash. Amount was transferred by IMPS
mode. It means that, SIM card of the mobile which was linked to
the account in Axis bank was used for transfer of the said amount
to the account of the applicant Akash.
13] According to applicant Akash Vasmane, an amount was
transferred to his account by Piyush Shah and Urvil Shah by
representing him that their account was locked. There are no
allegations made by the informant that applicant Akash has
received this amount. Nothing on record to show that he
withdrew the amount for personal use.
14] The extract of account also shows that, on 04.08.2024,
an amount of Rs.70,000/- and Rs.30,000/- were transferred to the
account of the applicant Rupak Bhattacharjee. It means that, he
received the amount of Rs.1,00,000/-.He seems to be witness in
respect of document of leave and licence agreement executed
between Arun Patil and the informant. Therefore, it is possible that
Rupak might have received the amount towards commission.
ABA - 443-25, 445-25, 447-25& 859-25 ( Exh.1).odt .....8/-
..8.. (Ord.1) ABA – 443/2025, 445/2025, 447/2025 and 859/2025
15] The extract of account also reveals that, an amount of
Rs.22,50,000/- has been transferred in the account of Arun Patil.
Same is reflected in the registered leave and license agreement
dated 01.08.2024. The applicant Arun Patil filed affidavit stating
that he was never in possession of the SIM card which was linked
to the account of Axis Bank of the informant.
16] There is statement of Ganesh Nichite, who is closely
associated with the informant. According to him applicants Piyush
Shah and Urvil Shah took informant to the banks where the
informant is having the account, and withdrew the amount.
17] There are specific allegations that, applicants Piyush
Shah and Urvil Shah opened account in the name of the informant
in Axis bank, linked mobile SIM number which was purchased in
the name of applicant Arun Patil and withdrew the amount from
time to time. The amount is to be recovered. They have criminal
antecedents. Similar type of three offences have been registered
against them. Therefore, in my opinion, their custodial
interrogation is very much necessary.
18] Except applicants in criminal bail application
No.859/2025, other applicants are entitled for anticipatory bail.
19] As the investigation is in progress, bail can be granted
by imposing suitable conditions.
ABA - 443-25, 445-25, 447-25& 859-25 ( Exh.1).odt .....9/-
..9.. (Ord.1) ABA – 443/2025, 445/2025, 447/2025 and 859/2025
In the result following order is passed.
ORDER
1. Interim Anticipatory bail granted to the applicants, in
criminal bail application No.443/2025 vide order
10.03.2025, in criminal bail application No.445/2025 vide
order 11.03.2025 and in criminal bail application
No.447/2025 vide order 11.03.2025, is made absolute on
the same terms and conditions with modification that,
henceforth the applicants shall attend Shil-Daighar Police
station on every Thursday between 10.00 a.m. to 01.00 p.m.
till 26.06.2025 or till filing of charge sheet, whichever is
earlier.
2. The application of applicants Piyush Chimanlal Shah and
Uvil Piyush shah, bearing Criminal Bail Application
No.859/2025 is hereby rejected.
3. Copy of this order be kept in bail application Nos.445/2025,
447/2025 and 859/2025.
Digitally
ABHAY signed by
NARHARRAO ABHAY
SIRSIKAR NARHARRAO
SIRSIKAR
Thane. (A. N. Sirsikar)
Date : 22.05.2025 Addl. Sessions Judge, Thane.
ABA - 443-25, 445-25, 447-25& 859-25 ( Exh.1).odt ...../-
