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Bombay High CourtABA/591/2022application allowed

Dinesh Suryabhan Dhakne v. The State Of Maharashtra

2022-06-21Hon'Ble Shri Justice S. G. Mehare3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 ANTICIPATORY BAIL APPLICATION NO.591 OF 2022 DINESH SURYABHAN DHAKNE

VERSUS

THE STATE OF MAHARASHTRA Mr. Nitin K. Chaudhari, Advocate for applicant; Mr. V.M. Kagne, A.P.P. for respondent CORAM : S. G. MEHARE, J.

DATE : 21st June, 2022 P.C.

1.

Heard the learned Counsel for the applicant and the learned A.P.P. for the respondent.

2.

The offence has been registered against the applicant after an order passed by the learned Magistrate under Section 156 (3) of the Code of Criminal Procedure. Perusal of the copy of the complaint which is placed on record in which an order under Section 156 (3) of the Code of the Criminal Procedure reveals that the complainant had a contract with the applicant to purchase the flight tickets for the students to travel abroad. However, the applicant had not purchased the flight tickets. The complainant had deposited the amount with

(2) the applicant and it is alleged that the applicant promised to refund the money but he did not. Even there was a dispute with the applicant, the complainant again did one transaction with the applicant, however, this time the applicant had cancelled the flight tickets booked for the students and, therefore, the complainant has to suffer financial loss. The contents of the complaint are very clear that the complainant was interested to recover the amount paid to the applicant as well as the damages. The money out of transaction as alleged in the complaint has been transferred in the bank accounts. Thus, that record is available to the Investigating Officer for the purpose of investigation.

3.

In the facts discussed above, this Court is of the view that this is a fit case to grant bail as prayed. Hence, the following order:- i) The Application is allowed.

ii) In the event of arrest, the applicant Dinesh Suryabhan Dhakne shall be released on bail, on furnishing P.B. and S.B. of Rs.30,000/- with one or two solvent sureties of the like amount, in C.R. No.0143 of 2022, registered with

(3) CIDCO Police Station, District Aurangabad, for offences punishable under Sections 406, 420 read with Section 34 of the Indian Penal Code, on the condition that he shall attend the police station as and when called by the Investigating Officer on written notice.

(S. G. MEHARE, J.) amj