Whether the court should release the accused on anticipatory bail if dispute is of civil nature?

1. This is an application for Anticipatory Bail.

2. The applicants are apprehending their arrest in Crime

No. 158 of 2025 registered at MRA Marg Police Station, for the

offences punishable under Sections 316(2), 318(4) 351(2) & 3(5)

of the Bharatiya Nyaya Sanhita, 2023.

3. It is the case of the prosecution that the first informant

is involved in the business of selling Chinese toys. The first

informant was acquainted with the husband of the applicant No.1,

who is co-accused in the present crime and was involved in the

same business. It is alleged that from 25.11.2024 to 29.11.2024,

the first informant provided goods worth Rs.75 lakhs to the

applicants and co-accused on the assurance that they will sell the

said goods at a profitable price for the first informant. It is alleged

that the applicants and co-accused sold the said goods and only

paid Rs.15 lakhs to the first informant and refused to pay the

remaining amount as well as threatened him with dire

consequences. The allegations against the present applicants and

other co-accused are thus of defrauding the first informant to the

tune of Rs.60,00,000/-.

4. I have heard the learned counsel for the applicants, the

learned APP for the respondent-State and the learned counsel for

the first informant.

5. The learned counsel for the applicants submits that

entire family is made the accused. It is submitted that though the

crime does not fall in the category of heinous crimes, the FIR is

registered against applicant No.2, who is a juvenile. It is submitted

that the dispute, if any, is of a civil nature and there is no need of

custodial interrogation.

6. On the other hand, the learned APP for the respondent-

State and the learned counsel for the first informant submit that

the applicants are involved in a serious offence of cheating. It is

submitted that considering the nature of crime, the applicants

may not be released on anticipatory bail.

7. On 20.11.2025 this Court passed the following order :

1. This is an Application for anticipatory bail.

2. The Applicants are apprehending their arrest

in Crime No.158 of 2025 registered with M.R.A.

Marg Police Station for the offences punishable

under Sections 316(2), 318(4), 351(2) and 3(5) of

the Bharatiya Nyaya Sanhita, 2023.

3. The Learned Counsel for the Applicants

submits that FIR is registered even against

Applicant No.2, who is a minor. It is submitted

that Rule 8 of the Juvenile Justice (Care and

Protection of Children) Model Rules, 2016

prohibits registration of FIR against the child in

conflict with law, except for heinous offences.

4. It appears from the record that before

registration of FIR, approval of Deputy

Commissioner of Police, Zone-1, Mumbai was

sought. It appears that the concerned DCP has

accorded the approval for registration of the FIR

very mechanically ignoring the opinion of

Assistant Commissioner of Police that dispute

between the parties is of civil in nature. The said

opinion of ACP reads thus:

{Vernaculars omitted}

5. The concerned DCP therefore shall file an

Affidavit explaining in which circumstances FIR

came to be registered against the Applicant

No.2, who is a minor and what made him to

discard the opinion of Assistant Commissioner of

Police. Such Affidavit shall be filed within a

period of two weeks from today.

6. List the present Application on 04th

December 2025.

7. Ad interim order, if any, passed earlier to

continue till the next date.

8. In the affidavit filed by the concerned Deputy

Commissioner of Police, Zone-1, Mumbai, there is no explanation

as to why the opinion of the Assistant Commissioner of Police was

discarded.

9. I have perused the first information report. Prima-facie,

the dispute between the parties appears to be of a civil nature.

Considering the overall facts and circumstances of the case, I am

inclined to release the applicants on anticipatory bail. In the result,

the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicants in

connection with Crime No. 158 of 2025 registered

at MRA Marg Police Station, for the offences

punishable under Sections 316(2), 318(4) 351(2) &

3(5) of the Bharatiya Nyaya Sanhita, 2023, the

applicants be released on bail on furnishing P.R.

Bond in the sum of Rs. 25,000/- each with one or

two sureties in the like amount.

[N.R.BORKAR, J.]