Vinod Ramrao Narale v. State Of Maharashtra Thr. P.S.O. P.S. Awadhootwadi, Tq. Yavatmal, Dist. Yavatmal
2025:BHC-NAG:2306
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.71 OF 2025 (Vinod Ramrao Narale Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. R. Khan, Advocate for the applicant.
Mrs. M.A. Barabde, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- MARCH 4, 2025.
Apprehending the arrest at the hands of police in connection with Crime No.922/2024 registered with Police Station Awdhootwadi, Yavatmal for the offences punishable under Sections 406, 409, 471, 418, 420, 421, 424, 467, 468, 471, 477-A and 120-B of the IPC and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act) the applicant approached this Court for grant of pre-arrest bail.
2.
Learned Counsel for the applicant submitted that the crime is registered against the present applicant and other co-accused on an allegation that they have committed the criminal breach of trust and also prepared the forged documents. He submitted that, in fact, the crime is registered on the basis of the report lodged by the Auditor who has noted some irregularities and illegalities committed by the office bearers of the Babaji Date Mahila Sahkari Bank Ltd., Yavatmal. As far as the present applicant is concerned who is the borrower and he is the
defaulter, and therefore, he is arraigned as an accused in the present crime. He submitted that at the most, civil action can be taken against him to recover the amount. No criminal offence is made out against him, and therefore, his custodial interrogation is not required and prays for anticipatory bail.
3.
Learned APP strongly opposed the application on the ground that considering the huge stake of the amount is involved in the said crime. The other co-accused who are office bearers have committed the irregularities and illegalities while sanctioning the loan and present applicant who is one of the beneficiary of the said transactions, and therefore, his custodial interrogation is required. On perusal of the recitals of the FIR and the investigation papers, the limited role is attributed to the present applicant only to the extent that he has obtained the loan and not paid the amount back. Considering the limited role of the present applicant, he has made out a case for grant of anticipatory bail. Accordingly, I proceed to pass following order:
(i) The application is allowed.
(ii) In the event of arrest, the applicant - Vinod Ramrao Narale in connection with Crime No.922/2024 registered with Police Station Awdhootwadi, Yavatmal for the offences punishable under Sections 406, 409, 471, 418, 420, 421, 424, 467, 468, 471, 477A and 120-B of the IPC and Section 3 of the
Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, be released on anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
(iii) The applicant shall attend the concerned police station once in a week i.e.
on every Monday between 10.00 AM and 1.00 PM and shall cooperate with the investigating agency.
(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
(v) The applicant shall not leave the jurisdiction of Yavatmal district without prior permission of the Chief Judicial Magistrate, Yavatmal.
(vi) The applicant shall furnish his detailed address along with the address proof including the names of two relatives with their address and address proof, before the investigating agency.
4.
The contravention of any of the condition would lead to the cancellation of bail.
5.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya