Ketan Kishor Kabra v. The Superintendent Of Police And Another

2025:BHC-AUG:9537

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 ANTICIPATORY BAIL APPLICATION NO. 439 OF 2025 KETAN KISHOR KABRA

VERSUS

THE SUPERINTENDENT OF POLICE AND ANOTHER ...

Advocate for Applicant : Mr. Mahesh S. Deshmukh APP for Respondent/State: Mr. S. P. Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 01.04.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.0013/2025, dated 07.01.2025, registered at Jalgaon City Police Station, District Jalgaon, for the offences punishable under Sections 420, 504, 506 and 120-B of the Indian Penal Code, 1860.

3] This court by order dated 18.03.2025 granted interim protection to the applicant noticing submissions and reasons at paragraphs no.4 and 5, as under:

"4] The case of the informant is that all the accused have conspired and formed company in order to lure the complainant to invest in that company / deposit the money with them and,

thereafter, the accused have withdrawn the deposited money without investing the same.

Thereafter, the offence is registered under the abovementioned sections.

5] Prima faice, from the material on record, it can be inferred that the company is registered in the name of accused nos.4 and 5 and the same is at the instance of accused nos.1, 2 and

3. The present applicant / accused no.7, who is the Chartered Account (CA) by profession and he has no role with the alleged act of luring the informant to invest in the company. His job is professional one and that he has no concerned with the other aspects of the matter. In the FIR he is wrongly described as Company Secretory but he is only Chartered Accountant (CA) and has registered the company."

4] The learned counsel for the applicant submits that in pursuance of the interim protection order, the applicant has cooperated with the investigation. 5] Considering that the applicant is Chartered Accountant by profession, who has registered the company on behalf of the accused nos.4 and 5 and as the applicant has no role as far as the actual working of the company is concerned, so also, considering that the applicant has not lured the informant to invest in the company and considering that no other objectionable material is brought on record against the applicant, the interim protection granted to the applicant can be confirmed.

6] In view of the above, the interim protection granted by order dated 18.03.2025 stands confirmed, on the following terms:

i] The applicant shall attend the police station as and when required by the Investigating Officer. ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

7] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe