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Bombay High CourtABA/1224/2016anticipatory bail rejected

Monika Vikram Choudhary v. The State Of Maharashtra

2016-08-04Hon'Ble Shri Justice A.M. Badar3 pages

Rng 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL PPLICATION NO.1224 OF 2016 Monika Vikram Choudhary .. Applicant vs State of Maharashtra .. Respondent Ms.Kranti S.S.Anand for Applicant Ms.R.M.Gadhavi Additional Public Prosecutor for State CORAM: A.M.BADAR, J DATE: 4TH AUGUST, 2016 P.C.

1.

Heard the learned counsel for the Applicant/accused. 2.

The learned counsel argued that the FIR does not show that commission of offence by the present Applicant who is wife of main accused-Vikram Choudhary who has already been arrested in the crime in question.

3.

The learned counsel further argued that teachers of the school are under tremendous pressure. She further argues that details of all accounts are already provided to the Investigating Officer, and therefore custodial interrogation of the Applicant is not necessary.

Rng 2 4.

Perused FIR lodged by Kishor Krishnarao Gohokar. He is a retired employee of the State Government. The FIR reveals that coaccused-Vikram Choudhary as well as the present Applicant-Monica Choudhary used to visit him time and again. They used to induce the informant to invest money in the school which is taken over by coaccused Vikram Choudary and the present Applicant for running. The informant was given to understand that the present Applicant is an Educationist who had served in Reliance Company and she has full knowledge of maintaining the school. The informant further averred that relying on the representation of co-accused Vikram Choudhary and his wife i.e. present Applicant-Monica Choudhary and at their insistence, he had invested money with accused persons.

The informant further averred that in the same manner his relatives have also invested monies with accused persons as picture of rosy returns regarding their investment was shown to them.Ultimately according to the informant he as well as his relatives have been cheated by accused persons. The informant has further averred that the present Applicant and the accused have committed misappropriation of Rs 36,00,000/-.

5.

Perusal of the FIR as such prima facie reflects

Rng 3 dishonest intention on the part of co- accused Vikram Choudhary and his wife-Monica Choudhary for misappropriating the amounts of the investors. The FIR reveals that amounts were entrusted with the Applicant as well as with the co-accused on the basis of the representation made by them by reposing trust on them. For the recovery of the amounts alleged to have been misappropriated, the custodial interrogation of the present Applicant is warranted. 6.

In this view of the matter, no case for ad-interim Anticipatory bail is made out. Consequently, main Application is liable to be rejected. Therefore the following order:

O R D E R

Application is rejected.

(A.M.BADAR, J)