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Bombay High CourtABA/1315/2024application allowed

Manish Kumar Satrughan Singh v. The State Of Maharashtra And Others

2024-08-14Hon'Ble Shri Justice S. G. Dige3 pages

2024:BHC-AUG:18196

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

1020 ANTICIPATORY BAIL APPLICATION NO. 1315 OF 2024 MANISH KUMAR SATRUGHAN SINGH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Madake Datta A.

APP for Respondent/State : Mr.P.K. Lakhotiya Advocate for Respondent no.3 : Mr.A. S. Hazari ...

CORAM :

SHIVKUMAR DIGE, J.

DATE :

14th August, 2024.

P.C.:

1.

The applicant apprehends arrest in connection with FIR No.2 of 2023 registered with Cyber Police Station, Jalgaon, for the offences punishable under sections 420, 465, 467, 468, 471 of the Indian Penal Code (For short, "IPC") and section 66(D) of the Information and Technology Act.

2.

It is prosecution's case that the informant was cheated by the applicant on the ground that the informant had received the articles in Lucky draw scheme and on that pretext, he forced the informant to send some amounts to him and on the say of applicant, the informant had sent the amount around Rs.4,80,000/- to the applicant but the applicant did not give the articles promised by him. 3.

It is contention of the learned counsel for the applicant that the applicant has been falsely implicated in this case. The matter is settled between the applicant and informant. Investigation is almost

completed. Considering the allegations against the applicant, the custodial interrogation of the applicant is not required and requested to allow the application.

4.

It is contention of the learned APP that the applicant had cheated the informant on the pretext that he had received some articles in Lucky draw scheme and on that count he accepted the amount from the informant. There is involvement of the applicant in the crime. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application. 5.

It is contention of the learned counsel for respondent no.3 that the informant has received the amount from the applicant. Respondent no.3 has filed affidavit stating that he has no objection to grant bail to the applicant.

6.

I have heard both the learned counsel. Perused the F.I.R. and police papers produced on record.

7.

The allegations against the applicant are that he cheated the informant. It appears that the informant has filed affidavit stating that he has no objection to allow the application of the applicant. Considering these facts, custodial interrogation of the applicant is not required and I pass the following order :-

ORDER

(i) The application is allowed.

(ii) In the event of arrest of the applicant in connection with FIR

No.2 of 2023 registered with Cyber Police Station, Jalgaon, for the offences punishable under sections 420, 465, 467, 468, 471 of the Indian Penal Code and section 66(D) of the Information and Technology Act, the applicant be released on executing personal bond in the sum of Rs.20,000/- with one surety of the like amount, on the following conditions :- (a) the applicant shall attend the concerned police station as and when required by the Investigating Officer.

(b) the applicant shall furnish the local surety and shall give his permanent address and mobile number to the Investigating Officer. [ SHIVKUMAR DIGE, J. ] sga