Bipin Prakash Khade v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 551 OF 2023 Yogita K. Chennur ...Applicant V/s.

The State of Maharashtra

...Respondent.

WITH INTERIM APPLICATION NO. 1669 OF 2023 Mr. Aniket Nikam i/b Amit Icham for the Applicant Mr. P.H. Gaikwad Patil, APP for the Respondent/State. Mr. M.B. Zanwar for the Complainant/Intervenor.

CORAM

:

N.R. BORKAR, J.

DATE :

28.04.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending her arrest in Crime No.247 of 2022 registered at Faraskhana Police Station, Pune for the ofences punishable under Sections 420 and 406c of the Indian Penal Code.

3.

The allegations against the present applicant and other coaccused are of cheating and misappropriation of the amount to the tune of Rs.47 lakhs. It is alleged that out of the said amount of Rs.47 lakhs, the applicant had received Rs.4 lakhs. 4.

The learned counsel for applicant has tendered afdavitcum undertaking of the applicant. The same is taken on record and marked as "X" for the purposes of identifcation. 1/5

5.

For the ease of reference, the said afdavit-cum-undertaking is scanned and reproduced below:

2/5

3/5

4/5

6c.

The main allegations are against the husband of the present applicant. Considering the overall facts and circumstances of the case and in view of undertaking of the applicant, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 247 of 2022 registered at Faraskhana Police Station, Pune for the ofences punishable under Sections 420 and 406c of the Indian Penal Code (IPC), he be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount. C) The applicant shall deposit the amount as per afdavit-- cum-undertaking before the trial Court.

D] The complainant and other victims are at liberty to move an application before the Trial Court for withdrawal of the amount. If such application is made, the Trial Court shall decide the same on its own merits.

7.

The Interim Application for intervention is disposed of. [N.R.BORKAR, J.] 5/5