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Bombay High CourtABA/1472/2021rejected

Kishor Shridhar Botle And ANR v. The State Of Maharashtra

2021-06-30Hon'Ble Shri Justice Prakash D. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1472 OF 2021

1. Kishor Shridhar Botle

2. Vivek Kishor Botle ... Applicants

Versus

The State of Maharashtra ... Respondent .....

Mr. Arun Rajput i/b. Mr. Subodh Pathak, Advocate for the Applicants. Mr. A. R. Kapadnis, APP for the Respondent - State. Mr. R. P. Pure ( P. I.) Vanrai Police Station, Present. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

30th JUNE, 2021 PER COURT :

1.

The applicants are apprehending arrest in connection with C.R. No. 124 of 2021 registered with Vanrai Police Station, Mumbai for offences under Sections 420, 406, 409 of Indian Penal Code (for short "IPC").

2.

The complaint is lodged by Mr. Chandeshwar Pandey on 27th February, 2021 alleging that, from November-2020 to 27th March, 2021, the accused had made false representation to the complainant that loan amount would be provided and induced to make part the amount of Rs.96,400/-.

3.

The applicants had preferred applications for

anticipatory bail before the Sessions Court. The said applications were rejected vide order dated 20th May, 2021. 4.

The contention of the applicants is that they were directors of the company on paper and they had not participated in any transactions. The amount of Rs.96,400/- can be refunded to the complainant. The main accused named in the First Information Report (for short 'FIR') has been granted bail by regular Court after the arrest. The applicants are willing to cooperate with the investigation.

5.

Learned APP submitted that the applicants are involved in the fraudulent transactions. The complainant is not the only victim. There are about 1331 victims whose amount has been misappropriated and some more victims are likely to approach the police. The total amount of misappropriated is about Rs. 45 Lakhs. 6.

Considering the submissions advanced by learned APP and documents on record it is apparent that the huge amount is involved in the transactions. More than thousands victims were deceived by the accused. The applicants were directors of the company involved in alleged fraudulent transactions. Hence, no case for grant of anticipatory bail is made out.

ORDER

Anticipatory Bail Application No. 1472 of 2021 is rejected and stands disposed of accordingly;

(PRAKASH D. NAIK, J.)