Yuraj Raghunath Suryavanshi v. State Of Maharashtra
2023:BHC-AS:37927
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3913 OF 2023 YUVRAJ RAGHUNATH SURYAVANSHI ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Pratik Kalantri for the Applicant.
Ms. Veera Shinde, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : DECEMBER 15, 2023 P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
This is an application for bail in respect of the offence punishable under Sections 420, 306, 406 read with 34 of the Indian Penal Code registered on 25/06/2022 vide C.R. No. 177 of 2022 with Wadner Bhairav Police Station, Nashik.
3.
Learned APP opposed the application. It is submitted that due to the financial crisis faced by the informant as a result of the deceit practice by the applicant, the 1/4
informant's mother committed suicide. Learned APP requested for some time to seek instructions from the Investigating Officer. However, I am not inclined to grant any further time considering that the charge sheet has been annexed.
4.
With the assistance of the learned counsel for the applicant and learned APP, I have gone through the materials on record. Applicant's leg has been amputated as he is reported to be heavily diabetic. There are documents on record to support this fact. The applicant was arrested on 07/10/2022.
5.
The accusations are that the applicant had assured the complainant that he would help him to procure the loan of Rs.5,00,00,000/- from the ICICI Bank. In lieu of that, the applicant had accepted a sum Rs.15,40,000/-. However, it was later realized by the complainant that the applicant's only intention was to cheat the informant and grab the money.
6.
The applicant is in custody for more than one year. The investigation is complete and the charge sheet is filed. 2/4
The applicant will face the consequences post-trial if found guilty. Though this application is seriously opposed by the learned APP, in the facts and circumstances of the present case, I am inclined to enlarge the applicant on bail. Hence, the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant- Yuvraj Raghunath Suryavanshi in connection with C.R. No. 177 of 2022 registered with Wadner Bhairav 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 shall attend the Investigating Officer of Wadner Bhairav police station once in three months, first Monday of the concerned month, between 11.00 a.m. and 1.00 p.m. commencing January 2024.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (e) On being released on bail, the applicant shall furnish his contact number and residential address to 3/4
the Investigating Officer and shall keep him updated, in case there is any change.
(f) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
(g) The applicant shall surrender his passport to the investigating officer. If the applicant does not have a passport, the applicant shall file an affidavit before the trial Court to that effect.
(h) The applicant shall not leave Nashik district without prior permission of the trial Court.
7.
The application is disposed of.
(M. S. KARNIK, J.) 4/4