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Bombay High CourtABA/139/2022allowed

Vaishali Dnyaneshwar Warfade v. The State Of Mah. Thr. Pso Ps Awadhutwadi Tq. And Dist.Yavatmal

2022-03-22Hon'Ble Shri Justice Anil S. Kilor2 pages

920.aba.139.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.139 OF 2022 Mrs. Vaishali Dnyaneshwar Warfade

Versus

State of Maharashtra, through P.S.O., P.S. Awadhutwadi, Tq. & Dist. Yavatmal Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri J.S. Wankhede, Advocate for the applicant. Shri V.A. Thakare, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 22/03/2022 1.

The complainant Nilesh Prakash Pawar, who is working in the Police Department with the applicant lodged report against the applicant, alleging that the applicant without knowledge of the complainant, withdrew the loan amount of the complainant from Godavari Urban Bank and used it for her own benefits. Thereupon, Crime No.70 of 2022, dated 27.01.2022, was registered with Police Station Awadhutwadi, District Yavatmal for the offence punishable under Sections 406, 420, 465, 468 and 471 of the Indian Penal Code against the applicant. 2.

I have perused the Case Diary and also the Bank papers relating to the loan sanctioned in the name of the complainant, produced by the learned APP.

C.L.Dhakate

920.aba.139.2022.odt 3.

On perusal of the Bank papers, prima facie, nothing is found to show that the applicant has withdrawn the amount behind the back of the complainant from his loan account. In absence of any prima facie incriminating material to support the case of the complainant as alleged in the First Information Report, I am of the opinion that the applicant is entitled for grant of bail. Accordingly, I pass the following order: a) The application is allowed.

b) It is directed that in the event of arrest of the applicant in Crime No.70 of 2022, dated 27.01.2022, registered with Police Station Awadhutwadi, District Yavatmal for the offence punishable under Sections 406, 420, 465, 468 and 471 of the Indian Penal Code, the applicant be released on anticipatory bail on furnishing P.R. Bond of Rs.15,000/- with one solvent surety in the like amount.

c) The applicant shall attend the concerned Police Station on every Friday and Saturday between 10.00 a.m. to 12.00 noon for next three weeks and thereafter, whenever her presence is required.

The criminal application is disposed of accordingly. [ANIL S. KILOR, J.] CHETAN LOPCHAND DHAKATE 24.03.2022 14:36 C.L.Dhakate