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Bombay High CourtBA/2431/2023disposed off

Sandip Shukracharya Salunke v. State Of Maharashtra

2023-11-07Hon'Ble Shri Justice M. S. Karnik3 pages

2023:BHC-AS:34050

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2431 OF 2023 SANDIP SHUKRACHARYA SALUNKE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT Mr. Aniket Vagal, for the Applicant.

Ms. Veera Shinde, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 7, 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 ofence punishable under sections 420, 467, 468, 418, 471, 120B, read with 34 of the Indian Penal Code, 1860 registered on 15/11/2021 vide C.R. No.613 of 2021 with Satana police station.

3.

The applicant was arrested on 28/08/2022. There are in all 4 accused. It is the case of the prosecution that the applicant introduced the co-accused-Nitin Akaram Barapate to the complainant on the promise that he would provide him placement in Indian Railways. The informant paid a sum 1/3

of Rs. 9 lakhs to the said co-accused. An amount of Rs. 2,50,000/- was paid by the co-accused to the present applicant. The applicant paid an amount of Rs. 1,00,000/- to the informant. The applicant is the benefciary of Rs.2,50,000/- of which Rs. 1,00,000/- has already been paid. Learned counsel for the applicant on instructions submitted that to show his bonafdes, the applicant is willing to pay Rs.1,50,000/- to the complainant within 6 weeks from the date of this order. Statement is accepted as an undertaking to this Court. The applicant is in custody for more than 1 year and 2 months. The investigation is complete. The charge-sheet has been fled. In the facts and circumstances of the present case, though learned APP opposed the application for bail, the applicant can be enlarged on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Sandip Shukracharya Salunke in connection with C.R. No. 613 of 2021 registered with Satana 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.

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(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.

(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 Ofcer. 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 ofcer and shall keep him updated, in case there is any change.

(f) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

(g) The applicant to abide by the statement made. 4.

The application is disposed of.

(M. S. KARNIK, J.) 3/3