Manoj Kumar Mishra@Manoj Girindra Shankar Mishra v. State Of Maharashtra

2023:BHC-AS:33429

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3271 OF 2023 MANOJ KUMAR MISHRA @ MANOJ GIRINDRA SHANKAR MISHRA ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS Ms.Neha Bhavsar a/w Mr.Padmakant Mishra i/b V.K. Dubey Associates, for the Applicant.

Ms. Veera Shinde, APP for the State.

Mr. Gaurav Parkar, for Complainant.

PI- Mr. Atul Mohite of Vanrai police station present a/w PSITanaji Patil. CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 3, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

Leave to amend is granted. Amendment to be carried out forthwith. The afdavit in reply fled by newly added respondent no.2 is taken on record.

3.

This is an application for bail in respect of the ofence punishable under sections 143, 147, 149, 364A, 452, 323, 504, 503 of the Indian Penal Code, 1860 and under sections 25 and 3 of the Arms Act, 1959 registered on 10/08/2023 1/3

vide C.R. No.281 of 2023 with Vanrai police station. 4.

The allegation is that as the applicant needed money, he decided to take a loan by mortgaging the digital license of his company. The applicant took a loan of Rs. 8 Crores. As the applicant sufered some losses, the loan could not be repaid as per time schedule. As a result of non-payment, certain developments and misunderstandings led to the lodging of the FIR. Learned counsel for the complainant appeared and submitted that the issue between the applicant and the complainant has been resolved. 5.

The application is opposed by learned APP. However, in the facts and circumstances of the present case, considering that the applicant was arrested on 10/08/2023 and as further custody of the applicant is not required, I am inclined to enlarge the applicant on bail on certain terms and conditions. Learned counsel for the applicant and the complainant graciously submitted that the applicant and the complainant jointly would donate a sum of Rs. 50,000/- with the Mumbai Police Welfare Fund in the Account No. 465010100008693 for which IFSC No. is UTIB0000465 by RTGS or any other mode within a period of 2 weeks from 2/3

today. Statement is accepted. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Manoj Kumar Mishra in connection with C.R. No.281 of 2023 registered with Vanrai police station shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more sureties in the like amount. (c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 50,000/- for a period of 6 weeks in lieu of surety.

(d) The applicant shall attend the investigating ofcer of Vanrai police station once in a month on every frst Monday of the month between 11.00 a.m. and 1.00 p.m. till fling of the charge-sheet.

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

(f) The applicant to abide by the statement made. 6.

The application is disposed of.

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