Gayatri Gurudatta Wakdekar @ Deepa Jadhav v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4206 OF 2021 WITH CRIMINAL BAIL APPLICATION NO. 4207 OF 2021 Gayatri Gurudatta Wakdekar @ Deepa Jadhav.

...Applicant.

V/s.

State of Maharashtra ... Respondents.

------------------- Mr. Machindra Patil i/b. S.M. Chataule, advocate for applicant in both applications.

Mr. S.V. Gavand and Smt. A.A. Takalkar, APP for respondent-State. PN Shri Vasave, DCB CID, Property Cell.

--------------------- CORAM :BHARATI DANGRE, J.

DATE :AUGUST 5, 2022.

Digitally signed by ARUNA S TALWALKAR Date:

2022.08.06 16:23:00 +0530 ARUNA S TALWALKAR P.C.

The applicant is charge-sheeted in C.R.No. 176 of 2020 and C.R.No. 249 of 2020 registered at Sion Police Station and subsequently transferred to DCB CID Property Cell and registered as C.R. No. 174 of 2020 and C. R. No. 167 of 2020, which invoke sections 419, 420, 465, 467, 468, 471, 170, 120-B read with 34 of the Indian Penal Code.

During the course of investigation, 12 persons were arraigned as accused and the applicant is arraigned as accused No. 9 and subsequently charge-sheeted for the said offence. The subject C.R.s were registered pursuant to the complaint filed stating that one Prakash Sadafule was working with BMC in water department and was introduced to the complainant. He had retired from service. But the complainant was informed that through his contacts, he is in a position to arrange for job in the water department. Therefore, the complainant alongwith his father and his uncle arranged the meeting with him in Sion, Mumbai. Prakash Sadafule expressed that a job can be arranged at the cost of a sum of Rs. 4 Lakhs and he also bifurcated the amount into four parts, Rs. One Lakh for preparation of the documents, Rs. One Lakh for medical examination and Rs.

One Lakh for appointment letter and Rs. One Lakh for identity card and message. The complainant paid the requisite amount and even medical was also conducted. Since he paid amount of Rs. 4 Lakhs, he was waiting for the order of appointment. When the complainant was desperate about not being issued appointment order, he searched for Mr. Sadafule, accused No. 1 but he was not able to contact him.

amount was given one Nitin Dhotre and even when he did not receive the appointment order, it was realised by the complainant that he has been duped.

On completion of investigation, charge-sheet has been filed against 12 accused persons of duping the complainant and other investors under false pretext of arranging for a job. When the charge-sheet is scanned, no specific role is attributed to the present applicant. That some of the accused face the charge of preparing fraudulent documents and subjecting the complainant to medical examination. The learned APP Mr. Gavand on going through the charge-sheet states that no specific statement or material in the charge-sheet would indicate her participation, nor does it indicate that any amount has been gone to her account or any amount is received to her in cash. In the wake of the aforesaid position, the applicant cannot be incarcerated unnecessarily though she has to face trial. Hence, following order is passed :

ORDER

(a) The application is allowed.

(b) The applicant Gayatri Gurudatta Wakdekar @ Deepa Jadhav in C.R.No. 176 of 2020 and C.R.No. 249 of 2020 registered at Sion Police Station and subsequently transferred to DCB CID Property Cell and registered as C.R. No. 174 of 2020 and C. R. No. 167 of 2020 shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount in respective C.R.s.

(b) The applicant shall report to the concerned police station on first Saturday of every month between 3 p.m. to 5 p.m. (c) The applicant shall attend the trial regularly. (d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence. (e) The application is disposed of accordingly.

SMT. BHARATI DANGRE, J.