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Bombay High CourtABA/2812/2019disposed off

Vikas @ Rahul Haresh Sukhramani v. The State Of Maharashtra

2021-10-07Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2812 OF 2019 Vikas @ Rahul Haresh Sukhramani .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Sumeet Gemnani i/b. Mr. Satyam Pille for the Applicant. Mr. Ajay Patil, APP for the State.

Mr. M.A. Jadhav, PSI, Central Police Station, Ulhasnagar, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th OCTOBER, 2021.

P. C. :- .

This is an Application under Section 438 of Cr.P.C., filed by the aforesaid Applicant apprehending his arrest in C.R.No.I-42/2017 registered at Central Police Station, Ulhasnagar for offences punishable under sections 385, 420, 465, 468 r/w. 34 of the Indian Penal Code. 2.

Heard Mr. Sumeet Gemnani, learned counsel for the Applicant and Mr. Ajay Patil, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

3.

The aforesaid crime was registered pursuant to the first 1/3

information report lodged by one Raghvendra Manjunath Chandra. The complainant was working as a Manager in Central Park Lodge, Ulhasnagar. He had alleged that on 13/02/2017, the co-accused Tonesh Khatri and Dinesh Sachdev had booked a room in the said lodge and had told him that their friends would be joining them later. It is further stated that subsequently 04 girls joined both the coaccused. The complainant had alleged that he had refused permission to the co-accused - Dinesh to take photographs of the said room. On 17/02/2017, the co-accused told the watchman to handover a CD to the owner of the said lodge and further told that the Applicant herein had demanded Rs.5 lakhs. Based on the said first information report, crime was registered against the co-accused Tonesh and Dinesh. 4.

The records prima facie reveals that in the course of investigation, statements of the co-accused were recorded. Based on the statement of the co-accused recorded in the year 2018, the Applicant came to be arrayed as accused on 06/06/2018. The records prima facie reveals that apart from the statement of the co-accused, there is no other prima facie material on record to show the involvement of the Applicant in the aforesaid crime. Furthermore, the Applicant was granted interim bail by this Court vide order dated 2/3

20/12/2019. It is stated that the Applicant has complied with the condition of the said order by attending the concerned police station on the dates specified in the order. Learned APP has further stated that the investigation is completed and that the charge sheet will be filed against this Applicant at the earliest.

5.

Considering the above facts and circumstances, in my considered view, this is not a case which would warrant custodial interrogation of the Applicant. Hence, the Application is allowed on following terms and conditions :- (a) In the event of his arrest, the Applicant be enlarged on bail on furnishing P.R. Bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with one or two sureties in the like amount ;

(b) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

6.

The Application stands disposed of.

PREETI H JAYANI PREETI H JAYANI Date: 2021.10.12 14:26:30 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 3/3