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Bombay High CourtABA/291/2018others disposed off

Dilip So Harihar Yelne v. State Of Mah. Through Police Station Ram Nagar, Gondia

2018-06-04Hon'Ble Shri Justice Rohit Baban Deo2 pages

aba291of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) 291 OF 2018 (Dilip s/o. Harihar yelne..vs. State, thr PS Ram Nagar, Gondia) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri S.V. Sirpurkar, counsel for applicants.

Shri N.H. Joshi, Addl. Public Prosecutor for respondent / State. CORAM: ROHIT B. DEO, J.

DATE: 4 th June, 2018.

Heard.

The applicant is seeking anticipatory bail in Crime 80 of 2018 registered at Ram Nagar Police Station, Gondia for offence punishable under section 465, 468 read with section 34 of the Indian Penal Code.

Concededly, the applicant who is working as a Pharmacist with the Zilla Parishad and the father of the victim are colleagues. The only accusation against the applicant is that he introduced one Swapnil Dakhane to the father of the victim. The said Swapnil Dakhane, who is absconding, is alleged to have cheated the father of the victim by promising a job with Ordinance Factory, Nagpur. Induced by such promise, the father of the victim is said to have paid an amount of Rs. 13 lacs to the said Swapnil Dakhane to secure job for his son.

The only material which, at this stage, is brought to my notice is that an amount of Rs. 3 lacs was deposited

aba291of18.odt 2 by the father of the victim in the account of the wife of the applicant, which was subsequently paid to the said Swapnil Dakhane. The learned APP Shri N.H. Joshi does not dispute that at this stage, there is no evidence to suggest that the applicant has benefited materially from the alleged transaction. In this view of the matter, I am inclined to grant anticipatory bail to the applicant subject to the following conditions:

(i) The applicant shall co-operate with the Investigating Agency and shall for a period of 15 days report at Ram Nagar Police Station, Gondia on Saturday and Sunday between 10.00 a.m. to 2.00 p.m.

(ii) The applicant shall not tamper with the evidence nor shall applicant directly or indirectly attempt to influence the witnesses in any manner.

JUDGE RS Belkhede