Deelip Bhalchandra Dongre v. State Of Maharashtra

2023:BHC-AS:28482

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1530 OF 2023 DEELIP BHALCHANDRA DONGRE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Rupesh A. Jaiswal for the applicant.

Mr. N. B. Patil, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 27, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 364-A, 384, 386, 34 of the Indian Penal Code (hereafter 'IPC' for short) registered on 30.06.2022 vide C.R. No.163 of 2022 with Satpur Police Station, Nashik.

3.

There are in all eight accused. The applicant is the accused No.2. The applicant was arrested on 14.10.2022. 4.

It is the prosecution case that the informant was abducted on 29.06.2022 from his Audi car and forcibly 1/5

made to sit in Ertica Maruti vehicle. Two of his mobile phones were forcefully taken at knife point and the demand of Rs.5 Crores as extortion money was made. The unknown persons had transferred 3.27 Crypto Currency equivalent to Rs.1 Crore by using Bynance App on wallet address. There is no recovery from the present applicant. The role of the applicant is that of a conspirator. The applicant is identified by the informant. It is the case of the prosecution that the applicant is the mastermind who has visited the office of the informant at Aurangabad at whose behest the informant was abducted. The accused No.3 who has also been identified and who has actively involved in the offence of abducting and kidnapping the informant has been enlarged on bail. The applicant was arrested on 14.10.2022. There are following criminal antecedents reported against the applicant :-

(1) Crime No.148 of 2019, Chandanzira Police Station under Section 341 of IPC.

(2) Crime No.183 of 2018, Chandanzira Police Station under Section 3, 25 of Arms Act.

(3) Crime No.59 of 2020, Chandanzira Police Station under Section 307 of IPC.

2/5

(4) Crime No.288 of 2017, Chandanzira Police Station under Section 324 of IPC.

(5) Crime No.277 of 2016, Chandanzira Police Station under Section 323, 148 of IPC.

(6) Two chapter cases.

5.

The trial Court has rejected the application for bail primarily on the ground of criminal history against the applicant. The applicant in my opinion should not be deprived the facility of bail merely on the ground of criminal antecedents having regard to the nature of the accusations made against him in the present C.R. Moreover, stringent conditions can be imposed while enlarging the applicant on bail. The investigation is complete and the charge-sheet has been filed.

6.

Learned APP submitted that the informant has an office in Aurangabad and resides in Nashik. The informant will feel threatened by the presence of the applicant if he is not put to conditions. I find substance in the submission of learned APP.

7.

In the facts and circumstances of the present case, the applicant can be enlarged on bail. Hence, the following order :- 3/5

O R D E R

(a) The application is allowed.

(b) The applicant-Deelip Bhalchandra Dongre in connection with C.R. No.163 of 2022 registered with Satpur Police Station, Nashik shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of Satpur Police Station, Nashik once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(f) Except for attending the trial and for the purpose of reporting to the Investigating Ofcer, the applicant 4/5

shall not enter Nashik District and the city of Aurangabad after being released on bail, till the trial concludes.

(g) If it is noticed that the applicant is threatening the witnesses, the consequences of cancellation of bail shall follow.

8.

The application is disposed of.

(M. S. KARNIK, J.) 5/5