Narendra Ramlagan Rai v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1486 OF 2015 Narendra Ramlagan Rai ..Applicant.

Vs.

The State of Maharashtra ..

..Respondent ----- Ms. Sushma Mishra for applicant.

Mr. S.H. Yadav, APP for State.

Mr. B.D. Rijad, PSI, Shantinagar Police Station present. ----- CORAM: A.S. GADKARI, J.

DATE : 25th February 2016.

P.C.

By an order dated 8.10.2015, the applicant is granted interim relief. The learned Counsel for the applicant submitted that though it is alleged in the FIR that the applicant is a partner in Sri Krishna Industries along with co-accused Dharendra Singh, the statement made by the complainant is totally incorrect. She further submitted that the applicant has nothing to do with the said Sri Krishna Industries and its partners either Dharendra Singh or Nagender Rai. She fairly conceded that the applicant was having acquaintance with the said two persons and only because of the same, the present applicant has been implicated in the present crime by the

complainant.

I have perused the papers of investigation. The Investigating Agency is unable to substantiate its claim that the applicant is any way concerned with the said Sri Krishna Industries. It is the specific case of the complainant that the co-accused Dharendra Singh issued cheques drawn on the IDBI Bank in the name of Sri Krishna Industries to the complainant towards purchase of goods (cloths) from him. The Investigating Officer has till date not taken any pains to visit the IDBI Bank and seize the documents and/or to verify the documents pertaining to the said Sri Krishna Industries. It prima facie appears that the applicant is not concerned with the present crime. It further appears that the complainant with oblique motive has implicated the applicant in the present crime. May it as it may, after taking into consideration the aforestated facts, I am of the opinion that the custodial interrogation of the applicant is not necessary. In view of the above, interim order dated 8.10.2015 is hereby confirmed.

The application is allowed in the aforesaid terms. (A.S. GADKARI,J.)