Anil Singh S/O. Dalveersingh Rajawat v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2886 OF 2017 Anilsingh Dalveersingh Rajawat ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Devmani J. Shukla for the Applicants Ms. A. A. Takalkar, A.P.P for the Respondent-State API Mr. Sharad Zine from DCB CID, Unit XI, Mumbai, is present CORAM : REVATI MOHITE DERE, J.

THURSDAY, 12 th APRIL, 2018 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 197 of 2017 registered with the Malad Police Station (subsequently transferred to DCB CID and renumbered as C.R. No. 21 of 2017), for the alleged offences punishable under Section 419, 420, 406, 465, 468, 471 r/w 343 of the Indian Penal Code. 3.

Learned counsel for the applicant submits that there is no material in the entire charge-sheet to connect the applicant with the alleged 1/4

offence, except the statement of the co-accused. He submits that the applicant was working in the said Call Centre and that there is no material qua the applicant in the entire charge-sheet. 4.

Learned A.P.P, on instructions of the Investigating Officer, states that except the statement of the co-accused, there is no material to connect the applicant to the alleged offence. 5.

Perused the papers. It appears that the applicant was working with a Call Centre run by accused Nos. 1 and 2. It appears that except the statement of the co-accused, there is no other material to connect the applicant with the alleged offence.

6.

Considering the aforesaid, the application is allowed and the applicant is enlarged on bail on the following terms and conditions :

ORDER

(i) The applicant be released on cash bail in the sum of Rs. 50,000/-, for a period of six weeks;

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(ii) The applicant shall furnish PR Bond in the sum of Rs. 50,000/-, with one or two sureties in the like amount, within a period of six weeks of his release on cash bail; (iii) The applicant shall attend the concerned Police Station on the first Sunday of every month between 10:00 a.m. to 11:00 a.m., till the conclusion of the trial;

(iv) The applicant shall not tamper the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(v) The applicant shall inform his latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; (vi) The applicant to cooperate with the conduct of the trial; 3/4

(vii) The applicant shall file an undertaking with regard to clauses (iii) to (vi) in the trial Court, within two weeks of his release; (viii) If there are two consecutive defaults in appearing before the trial Court or in reporting to the Investigating Officer and if there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicant's bail. 7.

The application is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. 9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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