Ujwala Vishal Salgare v. The State Of Maharashtra

2024:BHC-AUG:2832 1 936-ABA-1648-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1648 OF 2023 UJWALA VISHAL SALGARE

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Bharat S. Doifode, Advocate for Applicant Mr. S.B. Jadhav,APP for Respondent - State Mr. V.P. Golewar, Advocate for Assist to APP ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 09th FEBRUARY, 2024 PER COURT :

1.

Applicant apprehends arrest in C.R. No.24/2023, registered with Satara Police Station, Aurangabad, for offence punishable under Sections 406, 420 r/w 34 of the Indian Penal Code. 2.

Prosecution case is that applicant Ujwala Vishal Salgare and her husband Vishal Salgare are doctors by professtion. Informant Abhishekh Suryawanshi is childhood friend of Vishal Salgare. It is alleged that, on 10/06/2019, accused Vishal told informant that apart from medical profession, he is doing various other businesses like Tours and Travels, Cash and Carry and wholesale medical and induced informant to invest in said businesses and assured that he will give high returns to informant. Accordingly informant invested amount of Rs.5,75,460/-. Thereafter, applicant and Vishal Salgare further induced informant to withdraw the amount kept in the name of his wife Aarti, in Godavari Chit

2 936-ABA-1648-23.odt Funds and they agreed to pay its installment. Accordingly, informant transferred amount of Rs.2,65,000/- in their account but accused Vishal and Ujwala failed to repay its installment. Thereafter, on the inducement of accused Vishal and Ujwala that they are doing business of Tunich Hotel at Daulatabad and are ready to take him as partner, induced him to further invest amount. Accordingly from time to time, informant paid amount to them. Informant was induced by accused persons to invest total amount of Rs.17,32,084/- in their alleged business but they returned only an amount of Rs.10,01,073/- to him and cheated him of Rs.7,31,011/-. Similarly from the year 2019 till 2021, he has invested total amount of Rs.10,00,000/- in cash on various dates with accused persons. Thus, accused have cheated him for total amount of Rs.34,29,052/-. 3.

Heard learned advocate for applicant, learned advocate assisting to APP and learned APP for the State. Perused the investigation papers.

4.

Offence is registered on 19/01/2023. Husband of applicant Vishal Salgare was arrested and is released on regular bail. Report dated 04/08/2023, submitted by investigating officer shows that applicant was searched and was found at Plot No.36, Gondani Railway Area, Nagpur. From her house one swiping machine of Anakruti Medical and important documents relating to present crime were seized. Since she has co-operated in the

3 936-ABA-1648-23.odt investigation her custody is not required and she was given in the custody of her brother Navnit Naik.

5.

Learned advocate assisting learned APP and learned APP submit that applicant is involved in serious financial offence and therefore, she may not be granted anticipatory bail. Already relevant documents are seized by investigating officer. Bank accounts standing in the name of accused persons are attached. Considering the gender of applicant and as nothing is to be recovered from her, she is entitled for anticipatory bail. 6.

In the result, application is allowed.

7.

In the event of arrest of applicant in connection with C.R. No.24/2023, registered with Satara Police Station, Aurangabad, for offence punishable under Sections 406, 420 r/w 34 of the Indian Penal Code, applicant be released on executing P.B. and S.B. of Rs.15,000/- with one surety in the like amount. 8.

Applicant shall attend concerned police station as and when called by investigating officer and shall co-operate in the investigation. Applicant shall not tamper prosecution evidence. (NITIN B. SURYAWANSHI, J.)