Aniruddha Chandrashekhar Thakre v. State Of Delhi Represented Thr. Police Insepctor, Cyber P.S. , Mandir Marg New Delhi And 2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 213 OF 2024 Aniruddha Chandrashekhar Thakre V/s 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. M.B. Limaye, counsel for the applicant.
Mr. H.R.Dhumale, APP for the non-applicant/State. Mr. M.Y. Wadodkar, counsel for the non-applicant No.3. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 25/04/ 4.
1.
Apprehending the arrest at the hands of Police, in connection with crime No. 10/2024 registered with Cyber Police Station, New Delhi for the offence punishable under Sections 419, 420 and Section 120-B of the Indian Penal Code, 1860 and under Section 66(D) of the Information Technology Act, 2000, the applicant approached this court for grant of Transit Bail.
2.
As per the contention of the learned counsel for the applicant that applicant is the entrepreneur and running business in the name of Common Facility Center at Hinganghat. The applicant is having Permanent Account Number, Aadhar Card as well as the Income Tax Payers. The Crime No. 10/2024 came to be registered against him on 13/03/2024 and during the investigation, it revealed that some amount was transferred, in his account and therefore, he is arraigned as an accused. He submitted that as far as the
applicant is concerned, he is not connected with the alleged offence, but from some unknown transaction, the amount was transferred to his account and he is not aware about the same. He further submitted that as far as the investigation part is concerned, he is ready to cooperate with the investigating agency and will abide by the condition imposed by this Court. 3.
In spite of the notice served upon the respondent No.1 i.e. the State of Delhi, Police Inspector, Cyber Police Station, but none appears for the respondent No.1. Perused the recitals of the FIR, from which it reveals that the amount of Rs. 9,99,999/- was transferred to his account. As per the allegation, he has siphoned the said amount. However, it is the contention of the learned counsel for the applicant that he is residing of Hinganghat and not connected with the other coaccused. Merely because, the amount was transferred to his account, he is arraigned as an accused. The recitals of the FIR also shows that he is arraigned as an accused, as some of the amount was transferred in his account. Admittedly, whether he is part of the conspiracy alongwith other co-accused is a matter of investigation.
At this stage, immediate custodial interrogation of the present applicant is not required, as the allegation shows that some amount was transferred to his account. Therefore, the applicant can be protected by granting transit bail for two weeks.
a] In the event of his arrest, in connection with crime No. 10/2024 registered with Cyber Police Station,
New Delhi for the offence punishable under Sections 419, 420 and Section 120B of the Indian Penal Code, 1860 and Section 66(D) of the Information Technology Act, 2000, the applicantAniruddha Chandrashekhar Thakre shall be released on transit bail on executing P.R.Bond of Rs. 25,000/- with one solvent surety in the like amount.
b] The applicant shall approach to the competent Court and seek the appropriate orders within two weeks.
c] The applicant shall attend the concerned Cyber Police Station, New Delhi and shall cooperate with the investigating agency.
d] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.
The criminal application is disposed of.
[URMILA JOSHI-PHALKE, J.]