Nitin Oberai And ANR v. State Of Maharashtra And ANR

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2911 OF 2023 Nitin Oberai and Others ...Applicants Vs.

The State of Maharashtra and Others

...Respondents

Mr. Inderpal Singh, for Applicants.

Mr. P. H. Gaikwad, APP for State.

Mr. A. T. Kadam, PSI, Wadala TT Police Station, Present. CORAM:- N. J. JAMADAR, J.

DATED:- 25th OCTOBER, 2023 PC :- 1) Heard the learned counsel for the applicants and the learned APP for the State.

2) This application is preferred for transit pre-arrest bail in connection with C.R. No. 516 of 2023, registered with Maurawan Police Station, Dist. Unno, UP, for the offences punishable under Sections 406, 386, 504 and 506 of Indian Penal Code, 1860 ("the Penal Code").

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3) The ?rst informant is the father of Vishal Pancham Verma, who was running a ?rm Ashtvinayak Gold at Indiranagar, Sion, Koliwada, Mumbai. The applicants have allegedly taken 500 Grams of gold ornaments from Ashtvinayak Gold by representing that those ornaments wold be returned soon. However, later on, the applicants extorted money from Vishal by giving threats to make objectionable photographs viral.

4) The learned Counsel for the applicants submitted that in fact the applicant had lodged a complaint on 6th September, 2023 with Wadala TT police station against Vishal and his employees. Police had recorded the statement of Vishal. 5) It was submitted that the applicants are ready to appear before the Maurawan police and co-operate with the investigation. Hence, interim protection be granted. 6) It appears that in respect of the transaction in gold ornaments, cross complaints have been lodged at Maurwan police and Wadala TT police stations. The applicants are ready to co-operate with the investigation. It would, therefore, be expedient to grant transit interim protection to the applicants on the condition of appearing before the Maurwan police. 7) Hence, the following order:-

ORDER

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I) The applicants shall report to Maurwan police station, State of UP on 1st November, 2023.

II) In the meanwhile, in the event of arrest of the applicants in connection with C.R. No. 516 of 2023, registered with Maurawan Police Station, Dist. Unno, UP, for the offences punishable under Sections 406, 386, 504 and 506 of Indian Penal Code, 1860, the applicants be released on bail on executing a PR Bond in the sum of Rs.30,000/- each, with one or two sureties in the like amount.

III) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the ?rst informant, any witnesses or any of the persons acquainted with the facts of the case.

IV) This order shall remain in operation till 3rd November, 2023.

V) The application stands disposed.

[N. J. JAMADAR, J.] 3/3