NITIN SURYABHAN UPADHYE vs STATE OF MAHARASHTRA

Judgment text excerpt

127.ABA-2394-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2394 OF 2025 Nitin Suryabhan Upadhye, Age about 44 years, Occupation : Professional, Residing at Flat No.111, B Wing, Moryaparsh Society, Kirkatwadi, Pune ... Applicant V/s. 1. State of Maharashtra, Through P.I. Faraskhana Police Station, Pune. 2. Umesh Yashwant Waghe ... Respondents Mr. Chinmay Patil a/w. Mr. Amit K. Pardeshi, Advocate for Appellant Mrs. P.P. Shinde, Addl. P.P. Mr. Shreyas P. Baraswade a/w. Mr. Dhiraj J. Pungaliya, Mr. Vishal Deshpande, Advocate for Intervener/Complainant CORAM : SANDESH D. PATIL, J. DATE : 16TH SEPTEMBER, 2025. JUDGMENT :- 1. Learned Advocate Mr. Shreyas Baraswade states that he has already filed his Intervention Application by E-filing, bearing Stamp No.18554 of 2025. Learned Advocate for the applicant has 1/7 127.ABA-2394-2025 received the same. Both the advocates are ready to argue the matter. The applicant to carry out amendment to add the original complainant as party respondent No.2. Amendment be carried out forthwith. 2. The present Anticipatory Bail Application is filed by accused No.3, Nitin Suryabhan Upadhye in apprehension of his arrest in connection with FIR No.0129 of 2025 registered with Faraskhana Police Station, Pune u/s. 61(2) (a), 318(4) and 3(5) of Bhartiya Nyaya Sanhita, 2023 (‘B.N.S.’ for short). 3. The complainant is officer of Tirupathi Urban Cooperative Credit Society. The complainant has alleged in the FIR that one Mr. Sham Shantaram Holkar and Mr. Rohit Amat Biyani together approached the Tirupathi Urban Cooperative Credit Society for availing loan. 4. It was alleged that there were 7 such applicants, who took loan of Rs.87,50,000/-. Mr. Sham Holkar had mortgaged one property as and by