Vijayan S/O. Chandrashekharan Nair v. State Of Mah. Thr. Superintendent Of Police Eow Crime Branch, Nagpur (Rural)

2024:BHC-NAG:4051 1 85-ABA111-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.

OF 20 (VIJAYAN CHANDRASHEKHARAN NAIR....VS.. STATE OF MAH. THR. S.P. EOW, CRIME BRANCH NAGPUR(RURAL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sahil Dewani, Advocate for Applicant.

Shri J.Y.Ghurde, A.P.P. for Non-applicant/State. CORAM : A NIL S. KILOR , J.

DATED : APRIL 08, .

1.

Heard.

2.

By this application under Section 438 of the Code of Criminal Procedure the applicant is seeking pre-arrest bail in Crime No.421 of 2019, registered with Police Station, Ramtek, Nagpur for the offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, 1860.

3.

The applicant is seeking bail on the principle of parity. It is the case of the applicant that he was working as Bank Manager at the relevant time and the co-accused, who was also holding the post of Bank Manager, was granted anticipatory bail vide order dated 14/12/2021 in Criminal Application (ABA) No. 760 of 2021.

4.

Similarly, the learned counsel has pointed out that the bail was granted to another co-accused, who was working as an Agricultural Officer, on 23/02/2022 in Criminal Application (ABA) No.108 of 2022.

2 85-ABA111-2024 5.

Admittedly, the crime was registered in the year 2019 and the period of commission of the offence is from 03/07/2013 to 12/08/2014.

6.

The learned A.P.P. is not disputing the above referred facts that similarly circumstanced Bank Manager has been granted anticipatory bail.

7.

In the circumstances, as there are no antecedents at the discredit of the applicant and further as nothing is pointed out for which the custody of the applicant is necessary in the present matter, the applicant is entitled for grant of anticipatory-bail on the ground of parity, I pass the following order :

i) The application is allowed.

ii) In the event of arrest of the applicant in Crime No.421 of 2019, registered with Police Station, Ramtek, District : Nagpur for the offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, 1860, the applicant be released on bail on furnishing P.R. Bond of Rupees Fifteen Thousand with one solvent surety in the like amount.

3 85-ABA111-2024 iii) The applicant shall attend the concerned Police Station as and when his presence is required.

iv) It is further made clear that whenever his presence is required, a written intimation before 72 hours be given to the applicant.

The Criminal Application is disposed of accordingly.

( ANIL S. KILOR, J.) RRaut..