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Bombay High CourtBA/4005/2023allowed

Ravindra Gulab Rathod v. State Of Maharashtra

2023-12-18Hon'Ble Shri Justice M. S. Karnik4 pages

2023:BHC-AS:38168

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4005 OF 2023 RAVINDRA GULAB RATHOD ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Deepak Gautam a/w Adv. Amardeep Singh a/w Adv. Nandini Vasaikar for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 18, 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 489(A), 489(B), 489(C), 489(D) and 34 of the Indian Penal Code registered on 17/09/2022 vide C.R. No.818 of 2022 with Mankhurd Police Station. 3.

Learned APP invited my attention to the statement on record and submitted that the offence is serious and there are ample materials to indicate the complicity of the applicant in the present offence. It is submitted that there 1/4

are 2 witnesses who have identified the applicant to demonstrate that it is the applicant who along with the coaccused had been to the store to purchase the stationery. Learned APP further invited my attention to the statement of the landlord where the applicant was residing to indicate that the applicant and the co-accused were residing in the same room. Learned APP submitted that the present is a serious offence as it affects the economy and therefore, the applicant does not deserve to be enlarged on bail. 4.

The accusations are in respect of the printing of fake currency. The applicant is accused No.2. Accused No.1 was found at the time of the search and fake currency was recovered at his instance. A printer and other equipment used for printing fake currency was found in the flat. 5.

The actual recovery of the counterfeit currency is from the accused No.1. There is no recovery at the instance of the present applicant. There are no criminal antecedents reported at the applicant's discredit. The applicant is in custody since 18/09/2022 i.e. for 1 year and 3 months as an undertrial. The trial is likely to take a long time to 2/4

conclude. In such circumstances, in the facts and circumstances of the present case, I am inclined to enlarge the applicant on bail by imposing conditions. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Ravindra Gulab Rathod in connection with C.R. No.818 of 2022 registered with Mankhurd Police Station shall be released on bail on his furnishing P.R. Bond of Rs.1,00,000/- with one or more local sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of Mankhurd police station twice a month, first and third Saturday of the month, between 11.00 a.m. and 1.00 p.m.

(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 the Investigating Officer and shall keep him updated, in case there is any change.

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(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 not leave Mumbai/Mumbai Suburban without prior permission of the trial Court. (h) 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.

6.

The application is disposed of.

(M. S. KARNIK, J.) 4/4