Nilesh Bhausaheb Shinde v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1179 OF 2023 NILESH BHAUSAHEB SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. S. R. Zambare, Advocate for the applicant Mrs. G. L. Deshpande, APP for the respondent/State CORAM : R. M. JOSHI, J.

DATE : 4th AUGUST, 2023 P.C. :- 1.

Applicant apprehends arrest in connection with Crime No. 144/2022 registered with Newasa Police Station, Tal. Newasa, Dist. Ahmednagar for the offences punishable under Sections 420, 406, 409, 120(B) of IPC and Section 3 of M.P.I.D. Act.

2.

The informant Prasad Bhange alleged in the report that prime accused Vaibhav Chemte had assured for the handsome returns if the informant and others invest in his company. It is further alleged that the present applicant and co-accused were present at the time when the information was given about the said scheme. It is alleged the informant and other persons are cheated to the tune of Rs.1,79,00,000/-. 3.

Learned counsel for the applicant states that similarly placed accused are granted anticipatory bail. Thus, he seeks the pre-arrest bail on parity.

940.aba1179.23.odt

4.

Learned APP though opposed the application was unable to show any evidence collected during the course of investigation to connect the present applicant with the crime in question. It seems that the prime accused has cheated the informant and others. Considering the fact that the co-accused with the similar role are already enlarged on anticipatory bail, there is no reason to deny parity. Hence the order.

ORDER

(i) Application is allowed.

(ii) In the event of arrest of applicant in connection with Crime No. 144/2022, registered with Newasa Police Station, Dist. Ahmednagar for the offences punishable under Sections 420, 406, 409, 120(B), of IPC and Section 3 of M.P.I.D. Act read with Section 34 of the IPC, he shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount.

(iii) He shall attend the concerned police station once in a week.

(iv) He shall not contact the witnesses directly or indirectly.

(v) He shall not interfere with the evidence in any manner whatsoever.

(vi) He is further directed to cooperate the investigating agency for further investigation.

(R. M. JOSHI, J.) ssp 940.aba1179.23.odt