Pratap Raghupati Singh v. The State Of Maharashtra

aba.273-2019.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 273 OF 2019 Pratap Raghupati Singh ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Niranjan Mundargi i/b Dilip Shukla for the Applicant. Mr. S.S. Hulke, APP for State.

Mr. Ashish Dubey for the Intervener.

----- CORAM : A.S.GADKARI, J.

DATE : 5th April 2019.

P.C.:

1] The applicant is apprehending arrest in CR No. 519 of 2018 dated 2.8.2018 registered with Samata Nagar Police Station, Mumbai under section 420 read 34 of the Indian Penal Code. 2] Heard the learned Counsel for the applicant, the learned counsel for the Intervener and the learned APP. Perused the record of investigation.

3] As per the first information report, itself Manoj Singh Thakur is the prime accused, who has committed the present crime. The applicant is the real brother of said Manoj Singh. It is alleged that, in the month of May 2015, the applicant accompanied his brother i.e. Manoj Singh for collecting an amount of Rs.20.00 lakhs. The principal accused Manoj Singh had 1/2

aba.273-2019.doc promised the first informant to give a flat and has accepted Rs.45.00 lakhs towards its consideration. Prima facie, it appears that the applicant has no direct role to play in the present crime.

As noted earlier, except on one occasion the applicant had accompanied the principal accused to the place of the first informant, there is no other role to play by the applicant in the crime. 4] In view of the above, the custodial interrogation of the applicant for further investigation of the preset crime is not necessary and the applicant can be protected by pre-arrest bail. Hence the following Order:- i] In the event of arrest in CR No.519 of 2018 registered with the Samata Nagar Police Station, Mumbai, the applicant shall be released on bail on his furnishing PR bond in the sum of Rs.15,000/- with one or two local sureties in the like amount.

ii] Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2