Vikram Shriram Dongre v. The State Of Maharashtra And Another

2024:BHC-AUG:12453 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1000 OF 2024 Vikram Shriram Dongre ...Applicant

VERSUS

The State Of Maharashtra And Another

...Respondents

.....

Mr. D.A. Madake, Advocate for Applicant Mr. B.B. Bhise, APP for respondents- State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 1st JULY, 2024 ORDER :

1.

By this application, applicant seeks bail in C.R. No. 19/2024, registered with Beed (City) Police Station, for offences punishable under sections 364A, 143, 323, 504, 506 of Indian Penal Code.

2.

FIR is lodged by Gajanan Gharat alleging that he and his brother-in-law Suresh Kute is doing business by name "Tirumala Oil" and also running a credit society by name "Dnyanradha Multi-State Credit Society Limited, Beed". According to him, Shivaji Baburao Gharat is his real brother and Archana Suresh Kute i.e. wife of Suresh Kute is his sister. Income Tax department effected a raid on the establishments of

{2} Suresh Kute and therefore there was unrest in the mind of depositors of Dnyanradha Multi State Credit Society. Therefore, various depositors suddenly withdrew their deposits from said society and therefore said society came in danger. According to him, accused Pooja Deshbhratar is pretending herself as advocate of Supreme Court and having her office at Karkardooma Court, Delhi and Tis Hazari Court, New Delhi and she is pretending herself as junior advocate of Shri. Mumahid Afjalkhan. It is alleged that said Pooja Deshbhratar approached Suresh Kute and Archana Kute and told them that various depositors from Beed have approached her senior advocate and requested to file application in Supreme Court and she and her senior advocate are going to file cases in Supreme Court against Dnyanradha Multi-State Credit Society Limited.

She then threatened them by saying that if they wish that she should not file cases against them, then they have to pay ransom of Rs. 5 Crores otherwise they will instigate the people to file cases against them. Accordingly, on 16.01.2024 and 17.01.2024, Pooja Deshbhratar by blackmailing Suresh Kute accepted Rs. 1 Lakh ransom from him. Thereafter, accused Pooja Deshbhratar and her senior advocate have started threatening Suresh Kute and Archana Kute for ransom.

{3} Shivaji Gharat too had discussion with accused Pooja Deshbhratar and also met her at Hotel Yashraj Inn, Jalna Road, Beed at about 12.30 pm, on 25.01.2024. At that time, accused Pooja Deshbhratar and her other associates were present there and they started demanding ransom of Rs. 5 Crore from Shivaji. Thereafter, accused started abusing and assaulting one Ashok Lande and drove him out of the hotel and kidnapped Shivaji Gharat. Thereafter, from the mobile phone of Shivaji Gharat accused Pooja Deshbhratar and her associates called Archana and demanded ransom of Rs. 5 Crore and threatened to kill Shivaji by pouring kerosene on him. Thereafter, they prepared video of assault to Shivaji Gharat and sent said video to Archana Kute and abused Archana in filthy language.

3.

Heard learned advocate for applicant and learned APP for respondents. Perused the charge sheet. 4.

Learned APP vehemently opposed the application on the ground that while permitting applicant to withdraw earlier bail application i.e. Bail Application No. 306 of 2024, applicant was permitted to renew his prayer for bail after six months. In that view of the matter, this application is pre-mature and hence is liable to be rejected.

{4} 5.

Learned advocate for applicant, on the other hand, submits that now the investigation is complete and charge sheet is filed. Main accused is released on regular bail and other coaccused are on interim anticipatory bail and hence, applicant may be released on bail.

6.

From the charge sheet it appears that applicant was driving the vehicle at the time of alleged kidnapping. In view of this and the fact that, charge sheet is filed in the present crime on 12.04.2024, investigation to the extent of applicant is over. Main accused Pooja d/o Shashikant alias Baban Deshbhratar is granted regular bail and accused Nos. 3 to 5 are granted interim anticipatory bail by this Court. Applicant is arrested on 26.01.2024 and is in custody since last more than six months. Trial is not likely to commence in near future, applicant therefore need not be detained in pre-trial custody by way of punishment. Applicant is permanent resident of village Aher Limbgaon, Taluka & Dist- Beed and he is not likely to abscond, if released on bail and he will be available for trial. In the result, following order.

ORDER

i) Bail Application No. 1000 of 2024 is allowed.

{5} ii) Applicant- Vikram Shriram Dongre be released on bail in connection with C.R. No. 19/2024, registered with Beed (City) Police Station, for offences punishable under sections 364A, 143, 323, 504, 506 of Indian Penal Code, on executing Personal Bond of Rs. 25,000/- with one surety in the like amount.

iii) Applicant shall furnish his current address along with cell phone number to the investigating officer.

iv) Applicant shall attend the trial.

v) Applicant shall not tamper prosecution evidence. [NITIN B. SURYAWANSHI, J.]