Archana W/O Ashok Agrawal v. The State Of Maharashtra And Another

2024:BHC-AUG:7059 927-ABA-233-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.233 OF 2024 Archana W/o Ashok Agrawal ... Applicant

VERSUS

The State of Maharashtra And Another ... Respondents ......

Mr. B.N. Magar h/f Mr. S.S. Agrawal, Advocate for Applicant Mr. C.V. Bhadane, APP for Respondents - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 02nd APRIL, 2024 ORDER :

1.

Applicant apprehends arrest in Crime No. 323 of 2022 registered with Manwat Police Station, District-Parbhani for offences punishable under sections 406, 420 of the Indian Penal Code.

2.

Yunus Abdul Karim Bagwan lodged FIR on 10.10.2022 alleging that he had supplied 150 cotton bales to Maa Vaishnavi Devi Jinning factory owned by applicant and towards consideration of those cotton bales, only an amount of Rs.16,00,000/- was paid and an amount of Rs.37,46,786/- was not paid. Hence the FIR is lodged.

3.

Heard learned advocate for applicant and learned APP for respondents-State.

4.

Learned advocate for applicant has pointed out that applicant has no concern with Maa Vaishnavi Devi cotton S.P. Rane

927-ABA-233-24 company. The said company is owned by applicant's husband Ashok Agrawal. In support of the said contention, GST registration certificate is placed on record. Applicant claims to be owner of Rukmani Cotton Industries and GST registration certificate of the same is also placed on record. 5.

During the course of investigation, due amount of informant is paid to him and his statement to that effect is recorded on 27.02.2024. In the said statement, he has admitted that entire due amount is paid to him and he has no outstanding amount with Ashok Agrawal. Prima facie, the allegation made in the FIR points out civil dispute, which is already settled in view of statement of informant dated 27.02.2024.

6.

Application is therefore allowed. In the event of arrest of applicant Archana W/o Ashok Agrawal in connection with Crime No. 323 of 2022 registered with Manwat Police Station, District-Parbhani for offences punishable under sections 406, 420 of the Indian Penal Code, she be released on bail on executing Personal Bond and Surety Bond of Rs.15,000/- with one surety in the like amount. [ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane