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Bombay High CourtABA/1091/2020application allowed

Roshni Atul Vetal v. The State Of Maharashtra

2020-11-24Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 911-aba1091.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 ANTICIPATORY BAIL APPLICATION NO.1091 OF 2020 ROSHNI ATUL VETAL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Bhosle Abhaysinh K.

APP for Respondents: Mr.V.M.Kagne ...

CORAM : MANGESH S. PATIL, J.

DATE :

24/11/2020 P.C. :- This is an application under Section 438 of the Cr.P.C. in connection with Crime No.323 of 2020 registered with Vaijapur Police Station, Dist.Aurangabad for the offences punishable under Sections 420, 465, 468 and 471 of the I.P.C 2] In substance the allegations as can be discerned from the F.I.R. are to the effect that a blank signed cheque of the informant was lost, he could not trace it. He received text message from the bank about the cheque having been encashed and an amount of Rs.2 lakh having been withdrawn from his account. It is alleged that the applicant had found the cheque and was successful in encashing it.

3] Heard both the sides. As is reported by the Investigating Officer, the informant and the applicant having apparently settled the matter out of Court, she has repaid the amount of Rs.2 lakh to him. He also acknowledged it in a

( 2 ) 911-aba1091.20 statement made before the Investigating Officer. 4] Considering all the aforementioned facts and circumstances, when custodial interrogation of the applicant does not seem to be imperative she can be granted anticipatory bail subject to usual conditions. 5] The application is allowed.

6] In the event of arrest of the applicant in connection Crime No.323 of 2020 registered with Vaijapur Police Station, Dist.Aurangabad for the offences punishable under Sections 420, 465, 468 and 471 of the I.P.C, she shall be released on bail on her executing personal recognizance for an amount of Rs.15,000/- (Rs.Fifteen thousand only) and furnishing a solvent surety in the like amount subject to following conditions : a] She shall attend the concerned Police Station on 28/11/2020 and 2/12/2020 between 9 a.m. and 11 a.m. and shall cooperate the Investigating Officer.

b] She shall not tamper the evidence or influence the witnesses.

[MANGESH S. PATIL, J.] umg/