Rahul Pramod Shukla v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1947 OF 2019 Rahul Pramod Shukla ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. N. M. Wable i/b Mr. Dilip B. Shinde for the Applicant Mr. S. V. Gavand, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 4 th OCTOBER 2019 P.C.

Heard learned counsel for the parties.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 64 of 2019 registered with the Amboli Police Station, Mumbai, for the alleged offences punishable under Sections 384, 385, 389, 120B of the Indian Penal Code and under Section 67(A) of the Information Technology Act.

Learned counsel for the applicant submits that the applicant was an employee, working as a Reporter with the Discovery of Crime Channel. He submits that the applicant's phone was used by his employer to call the complainant on 15th January 2019. He further submits that the 1/3

applicant, although was present at the meeting, when he realized later what his employer i. e. co-accused - Yuvraj and Hussain were upto, tendered his resignation. Learned counsel relied on the resignation letter dated 10th February 2019, which is on page No. 35A of the application. He submits that in the subsequent meetings which were held with the complainant and the owner of the Discovery of Crime Channel, the applicant was not present and the same is also evident from the FIR. Learned A.P.P states that the applicant has reported, as directed by this Court vide order dated 16th September 2019. It appears from the papers that the applicant was present initially, when a call was made to the complainant on 15th January 2019, however, later, tendered his resignation and was not present in the subsequent meetings. In the facts, custodial interrogation of the applicant is not warranted. Accordingly, the interim order dated 16th September 2019 is confirmed on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

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(ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called.

The application is allowed in the aforesaid terms and is accordingly disposed of.

It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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