Case Note & Summary
The applicant, Nitin Suryabhan Upadhye, accused No.3, filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973, in connection with FIR No.0129 of 2025 registered at Faraskhana Police Station, Pune, for offences under Sections 61(2)(a), 318(4), and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR was lodged by an officer of Tirupathi Urban Cooperative Credit Society alleging that the applicant along with others took a loan of Rs.87,50,000/- and defaulted after repaying for some time. The society had already initiated recovery proceedings under Section 101 of the Maharashtra Co-operative Societies Act before the Assistant Registrar. The court observed that the dispute was essentially civil in nature and the criminal proceedings appeared to be an abuse of process. The court granted anticipatory bail to the applicant on certain conditions, including that he shall not tamper with evidence and shall cooperate with the investigation.
Headnote
A) Criminal Law - Anticipatory Bail - Civil Dispute - Sections 61(2)(a), 318(4), 3(5) of Bhartiya Nyaya Sanhita, 2023 - The applicant sought anticipatory bail in connection with FIR alleging cheating and criminal breach of trust for default in loan repayment. The court held that the dispute was essentially civil, as recovery proceedings were already initiated under Section 101 of the Maharashtra Co-operative Societies Act. The court granted anticipatory bail, observing that criminal proceedings cannot be used as a tool for recovery of civil dues. (Paras 1-7) B) Criminal Law - Abuse of Process - Loan Default - Section 438 of Code of Criminal Procedure, 1973 - The court noted that the complainant had already invoked civil remedies under the Co-operative Societies Act, and the criminal complaint was an abuse of the process of law. The court directed the applicant to cooperate with the investigation and not tamper with evidence. (Paras 5-7)
Issue of Consideration
Whether the applicant, accused No.3, is entitled to anticipatory bail in a case where the dispute is essentially civil in nature and recovery proceedings are already pending under the Maharashtra Co-operative Societies Act.
Final Decision
The court allowed the anticipatory bail application and directed that in the event of arrest, the applicant be released on bail on furnishing a personal bond of Rs.25,000/- with one surety. The applicant shall not tamper with evidence and shall cooperate with the investigation.
Law Points
- Anticipatory bail
- Civil dispute not criminal
- Loan default
- Criminal proceedings abuse of process
- Section 438 CrPC
- Bhartiya Nyaya Sanhita 2023 Sections 61(2)(a)
- 318(4)
- 3(5)
- Maharashtra Co-operative Societies Act Section 101
