Ratan Mansaram Chaudhari And Another v. The State Of Maharashtra

2023:BHC-AUG:25087

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1799 OF 2023 Ratan Mansaram Chaudhari And Another ...Applicants

VERSUS

The State Of Maharashtra

...Respondent

...

Mr. C. B. Chaudhari, Advocate for the Applicants. Mr. N. B. Patil, APP, for the Respondent - State. ...

CORAM:R.M. JOSHI, J DATE :NOVEMBER 29, 2023 PER COURT :

1.

Applicants apprehend arrest in connection with with C.R. No. 258 of 2023 registered with Azadnagar Police Station, Dist. Dhule for the offences punishable under Sections 420, 504, 506 and 34 of the Indian Penal Code.

2.

Informant claims that in August, 2021 Applicants had assured him of providing Government Employment and for that purpose had sought sum of Rs. 1,50,000/-. It is further claimed that from time to time thereafter a sum of Rs. 75,000/- was paid to the Applicant. In spite of said payment, no employment is provided to him. Hence, report came to be lodged.

3.

Learned Counsel for the Applicants submits that there is delay in lodging of the report and which creates doubt about the allegations in the FIR. Without prejudice to the rights and contentions of Applicant, on instructions, learned Counsel makes statement that to show their bonafides Applicants are ready to deposit total sum of Rs. 75,000/- within a period of two weeks from today.

4.

Learned APP opposed the application with the contention that there are statements of witnesses which shows that the amount was paid by the informant to the Applicants.

5.

The statement made by the learned Counsel for the Applicants, on instructions, of depositing amount paid by them to informant indicates their bonafides. In any case the informant would be interested more in recovering the said amount. Thus, at this stage, by accepting the statement made on behalf of Applicants as undertaking, the application is allowed subject to deposit of Rs. 75,000/- within a period of two weeks from today. It is clarified that if the amount of Rs. 75,000/- is not deposited in this Court within a

period of two weeks, this order shall stands vacated and anticipatory bail application shall stand dismissed without further reference to the Court.

6.

Hence, the order:

O R D E R

(i) In the event of arrest the Applicants in connection with C.R. No. 258 of 2023 registered with Azadnagar Police Station, Dist. Dhule for the offences punishable under Sections 420, 504, 506 and 34 of the Indian Penal Code, they shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) with one surety in the like amount.

(iii)They shall attend the concerned police station as and when required.

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

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

(vi) They are further directed to cooperate the investigating agency for further investigation.

(R. M. JOSHI, J.) Malani