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Bombay High CourtABA/225/2016anticipatory bail granted

Vinit Keshavchand Upadhyay v. The State Of Maharashtra

2016-04-16Hon'Ble Justice Revati Mohite Dere4 pages

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.225 OF 2016 Vinit Keshavchand Upadhyay ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Rakesh Mishra, i/b B.G.Legal, for the Applicant Ms. Veera Shinde, A.P.P for the Respondent-State P.I- Vasant Waman Kuvar, EOW, Pune City CORAM : REVATI MOHITE DERE, J.

DATE : 16th APRIL, 2016 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 45 of 2015 registered with the Vimantal Police Station, Pune, (now transferred to EOW, Pune) for the alleged offences punishable under Sections 420, 467, 468 and 471 r/w 34 of the Indian Penal Code.

2/4 3.

Learned Counsel for the applicant submitted that the applicant was only working as a driver in All Max Reality Acres, Pune, from January 2015 to March 2015. He submitted that infact the applicant is a victim and that he had not received any salary from the co-accused. He submitted that the applicant had no concern with the transactions entered into by the coaccused with several persons. 4.

Learned APP on instructions of the Investigating Officer, who is present in the Court today, does not dispute the fact that the applicant was employed with 'All Max Reality Acres, Pune' from January 2015 to March 2015. She submitted that although the applicant was present with the other co-accused, he has not signed any document with regard to any transaction.

5.

Considering the aforesaid, the applicant is granted anticipatory bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one or two

3/4 sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of EOW, Pune, on the first Saturday of every month between 10:00 a.m. to 11:00 a.m., for a period of 12 months from the date of his release (iii) The applicant shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case. (iv) The applicant shall inform his latest place of residence and mobile contact number immediately and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station.

6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

It is made clear that the observations made herein are prima

4/4 facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.