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Bombay High CourtABA/1355/2023withdrawn

Vikas Kartik Waghmare v. The State Of Maharashtra

2024-02-06Hon'Ble Shri Justice N. B. Suryawanshi3 pages

2024:BHC-AUG:2527

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1355 OF 2023 Vikas Kartik Waghmare ... Applicant

VERSUS

The State Of Maharashtra ... Respondents ......

Mr. Kuldeep S. Patil, Advocate for the Applicant Mr. N.B. Patil, APP for Respondent - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 06th FEBRUARY, 2024 ORDER :

1.

Applicant apprehends arrest in connection with Crime No. 388 of 27.06.2023 registered with Vivekanand Chowk Police Station, District Latur for offences punishable under sections 364-A, 384, 389 read with 34 of the Indian Penal Code.

2.

FIR is lodged by Anil Yadavrao Jajnurkar alleging that when his son Sagar serving as Software Engineer in MIM Company, Pune, went for the work of the Company to Delhi along with Sandip Manjre, LIC agent on 21.06.2023. On 22.06.2023, in the night Sagar and Sandip went to Chandigarh, but they could not conclud the deal and they were returning to Delhi on 24.06.2023. The party with whom they were dealing offered them to provide a big deal of software and took them by a car towards Delhi. In the journey, two

other persons boarded the car. They kidnapped Sagar and Sandip. Informant could not establish contact with them as their phones were switched off. On 25.06.2023 at 1.30 p.m. Sagar made phone call to informant and informed that he had switched off the phone due to meeting and they will return after completing the work. Thereafter, informant's wife made video call to Sagar and it was found that Sandip was siting on floor and Sagar and Sandip both were frightened. Thereafter, Sagar made phone call to informant on 25.06.2023 at 2.00 p.m. and informed that he owes Rs.35,00,000/- to those persons and they will not send them without the money and asked informant to make arrangement of the said amount. After two hours, again a phone call was made to Akash and inquiry was made about the arrangement of money.

At that time, another person took the cellphone and threatened to make arrangement of money, otherwise they will lodge complaint in respect of offence against Sagar. After sometime, Sagar made a phone call to informant and told him that he has made arrangement of Rs.15,00,000/- from his friend and asked him to make arrangement of Rs.20,00,000/-. At that time also, some persons gave threat on mobile. Therefore, FIR is lodged that Sagar is abducted and confined for payment of money.

3.

Heard learned advocate for applicant and learned APP for respondent - State. Perused the investigation papers. 4.

Four accused persons named in the FIR namely, Sanjaykumar Mahavir Singh, Mahesh Satish Aroda, Atul Brindar @ Virendra Upadhyay and Virsingh Jagatsingh @ Jayash Ravat were arrested and they were released on bail. So far as applicant is concerned, only allegation in the investigation papers against him appears to be that he dropped Sagar from Pune to Airport, except that there does not appear any material to connect the applicant in the present crime. Investigation appears to be on the verge of completion. Pre-trial custodial interrogation or detention of applicant in the facts of the present case is not necessary. 5.

In the result, application is allowed by confirming interim protection granted to applicant by order dated 21.08.2023.

6.

Till filing of charge-sheet, applicant to attend concerned police station as and when called by the Investigation Officer and co-operate in the investigation. Applicant shall not tamper prosecution evidence. [ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane