Paras Ramesh Khandelwal v. State Of Maharashtra Thr. P.S.O. P.S. Rajapeth, Amravati, Tq. And Dist. Amravati
2025:BHC-NAG:2198
(1) 49.aba.72.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.72 OF 2025 Paras Ramesh Khandelwal Vs.
State of Maharashtra, through Police Station Officer, Police Station, Rajapeth, Amravati District Amravati -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. V. S. Mishra, Counsel for the applicant.
Mr. M. K. Pathan, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 03/03/2025 1.
Apprehending the arrest at the hands of police in connection with Crime No.440/2024 registered with Police Station Rajapeth, Amravati District Amravati for the offence punishable under Section 420 of the Indian Penal Code, the applicant approached this Court for grant of pre-arrest bail. 2.
Heard learned Counsel for the applicant who submitted that from the recitals of the FIR it reveals that there was an agreement to sell between the informant and the present applicant and as per the allegation, the present applicant has not executed the sale deed and obtained the consideration amount. He submitted that from the recitals of the FIR itself, it appears to be a civil transaction and the informant has given a colour of the criminal proceeding to it.
(2) 49.aba.72.2025 As far as the custodial interrogation is concerned, which is not required.
3.
Learned APP strongly opposed the said application and submitted that the applicant has obtained the money from the informant and not executed the sale deed, therefore his custodial interrogation is required to recover the amount. 4.
On perusal of the entire recitals of the FIR and the investigation papers, the transaction appears to be a civil nature. As far as the custodial interrogation is concerned, which is not required. In view of that the application deserves to be allowed. Accordingly, I proceed to pass following order:
ORDER
(i) The application is allowed.
(ii) In the event of arrest, in connection with Crime No.440/2024 registered with Police Station Rajapeth, Amravati, District Amravati for the offence punishable under Section 420 of the Indian Penal Code, the applicant Paras Ramesh Khandelwal shall be released on anticipatory bail, on executing PR Bond in the sum of Rs.25,000/- with one solvent surety of the like amount.
(iii) The applicant shall attend the concerned Police Station as and when required for the investigation purpose on receipt of the notice of seven days in advance by the Investigating Officer.
(3) 49.aba.72.2025 (iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) Sarkate