Ravishankar S/O Chandrabhan Gupta v. State Of Mah. Thr. Officer Incharge, Ajni Police Station, Nagpur, Tah. And Dist. Nagpur

0712ba931.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 931 OF 2020 (Shri Ravishankar s/o Chandrabhan Gupta vs. State of Maharashtra thr. Officer Incharge, Ajni PS, Nagpur, Tahsil & District - Nagpur) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

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Shri A.N. Ansari, Advocate for the applicant. Shri H.D. Dubey, APP for the non-applicant - State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 07, 2020.

Heard Shri Ansari, learned counsel for the applicant and Shri Dubey, learned APP for the nonapplicant - State. 2.

The applicant is seeking bail in Crime No. 304 of 2020, registered at Ajni Police Station, Nagpur, for the offence punishable under Section 420 read with Section 34 of Indian Penal Code.

3.

The allegations against the present applicant in the aforesaid crime are that he cheated the informant by selling flat in the building, construction of which was not sanctioned by the Nagpur Improvement Trust. It is also alleged that the present applicant sold the flats in the said building to many purchasers

0712ba931.20 and thereby cheated them and the building constructed thereupon has been demolished.

4.

Perused the application, affidavit in reply filed by the State and the charge sheet.

5.

At the outset, considering the allegations and the nature of offence, which is triable by the Court of JMFC, punishable up to 7 years, apart from the fact that the applicant is in jail since more than six months and the charge sheet is already filed, the applicant deserves bail.

6.

In the circumstances, Criminal Application is allowed on the following conditions :

(i) The applicant - Ravishankar Chandrabhan Gupta, shall be released on bail on furnishing Personal Bond of Rs.50,000/- (Rs. Fifty thousand only) with one surety in the like amount.

(ii) The applicant shall not tamper with the evidence.

(iii) The applicant shall not pressurize the prosecution witnesses.

(iv) The applicant shall attend the Police Station once in a month on every first Thursday of the month between 11.00 AM to 1.00 PM.

JUDGE *GS.