Vishwanath Brijbijhari Shukla v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:
2023.01.16 19:16:08 +0530 DIKSHA DINESH RANE BAIL APPLICATION NO.2528/2022 VISHWANATH BRIJBIHARI SHUKLA ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Ridhima Mangaonkar i/b. Adv. Vivek B. Pandey for the applicant.
Ms. A. A. Takalkar, APP for State.
PI D. K. Gund, Bangur Nagar Police Station.
------------ CORAM : M. S. KARNIK, J.
DATE : JANUARY 16, 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 406, 420, 465, 467 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered vide First Information Report (FIR) No.670/2021 with Bangur Nagar Police Station.
3.
The incident is dated November 11, 2021. The FIR is dated November 19, 2021. The applicant was arrested on November 18, 2021. It is alleged that the complainant 1/4
parted with sum of Rs.15 lakhs on account of an assurance given by the applicant that he would help in securing substantial quantum of loan. The applicant, however, did not keep his promise.
4.
The amount of Rs.15 lakhs has been seized from the applicant. The investigation is complete. The charge-sheet has been filed. The applicant was arrested on November 18, 2021 and is in custody for more than one year and two months. Looking at the nature of the accusations and that the amount in respect of which the complainant has been cheated is already secured, the applicant can be released on bail.
5.
Learned APP apart from objecting the application on merits, submitted that there is one criminal antecedent of the year 2010 reported against the applicant in respect of the allegation for committing an offence under Sections 465, 467, 468, 471, 420, 511 read with 34 of the IPC. The offence reported is of the year 2010 and in which the applicant has been released on bail.
6.
Considering the distance of time of the antecedent 2/4
from where the present offence is alleged, the applicant can be released on bail. Hence the following order.
O R D E R
(a) The application is allowed.
(b) The applicant-Vishwanath Brijbihari Shukla in connection with FIR No.670/2021 with Bangur Nagar Police Station, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(c) The applicant shall report to the Investigating Officer of the concerned police station once in a month every first Monday commencing from February 2023, 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 3/4
the Investigating Officer and shall keep him updated, in case there is any change.
7.
The application is disposed of.
(M. S. KARNIK, J.) 4/4