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Bombay High CourtBA/2018/2024application allowed

Kalyan Muralidhar Kale v. The State Of Maharashtra

2024-12-16Hon'Ble Shri Justice R. M. Joshi3 pages

2024:BHC-AUG:29942 ..1..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 53 BAIL APPLICATION NO. 2018 OF 2024 KALYAN MURALIDHAR KALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Pankaj A. Bharat APP for Respondent / State : Mrs. M. N. Ghanekar ...

CORAM

: R.M. JOSHI, J.

DATE : 16.12.2024 PER COURT :

1.

This application is for regular bail in connection with Crime no. 0730 of 2024 dated 31.08.2024 registered with Shevgaon Police Station, Taluka Shevgon, District Ahmednagar for the offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code.

2.

First Information Report reveals that co-accused Vithal is having business in the name and style as investor and he is the holder of V K Investor Share's Office bank account. The first informant alleges that present applicant and co accused have instigated to invest the money with Vithal. He came to know that amount of Rs. 9,50,000/- was invested however is duped of the said money.

3.

Learned counsel for the applicant submits that the applicant was

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arrested and that his further custody is not required. His submission is that the applicant is merely because the applicant is father of the main accused Vithal, he has been involved.

4.

Learned APP opposed the application on the ground that investigation is yet to be over.

5.

Perusal of the investigation papers, it reveals that the applicant is not beneficial hence, no prima facie evidence came that any amount was drawn and it is found that the investment money received by V. K. investor, Kurudgaon. This Court finds substance in the contention of the learned counsel for the applicant that in order to ensure that the money is recovered, applicant as well as other relatives are sought to be involved therein. He has no criminal history. In view of above, this Court has no reason for rejecting application. Hence following order :

ORDER

i) The application is allowed.

ii) Applicant - KALYAN MURALIDHAR KALE in connection with Crime no. 0730 of 2024 dated 31.08.2024 registered with Shevgaon Police Station, Taluka Shevgon, District Ahmednagar for the offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code be released on bail, on furnishing PB and SB of

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Rs.50,000/-, with one solvent surety of the like amount. iii) He should not tamper with the prosecution witnesses. iv) He should attend the Police Station as and when called by the Investigating Officer on written notice.

( R.M. JOSHI, J.) shp