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Bombay High CourtABA/754/2021rejected

Riya D/O. Sudhir Sawant v. State Of Mah. Thr. Pso. Gondia-Rural Police Station, Tah. And Dsit. Gondia, 441601

2022-02-18Hon'Ble Shri Justice Anil S. Kilor2 pages

1 aba754-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.

OF 20 (RIYA SUDHIR SAWANT...VS.. STATE OF MAH. THR. PSO PS, GONDIA(RURAL), DIST. GONDIA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Sejal Lakhani, Advocate for Applicant.

Shri V.A.Thakre, A.P.P. for Non-applicant/State. Shri S.K.Utwal & Shri S.K.Soni, Advs. to Assist Prosecution. CORAM : A NIL S. KILOR , J.

DATED : FEBRUARY 18 , 20 .

This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in Crime No.428 of 2021, registered on 30/09/2021 with Police Station, Gondia (Rural) on a complaint of one Sujata Vijay Bansod against the applicant and six other accused persons for the offences punishable under Sections 420, 465, 468, 471, 504 and 507 read with Section 34 of the Indian Penal Code.

2.

It is the case of the prosecution that the complainant Mrs.Sujata Vijay Bansod lodged a complaint alleging therein that the present applicant along with main accused Uttam Mohan Khandekar by giving false promise of employment in Railway Department, extracted money from the husband of the complainant and her nephew. It is further alleged that there are many persons like the complainant who are the victims of the present applicant and other accused persons from whom the accused persons have extracted money on the said pretext.

2 aba754-21 3.

I have heard the learned counsel for the applicant and the learned A.P.P. for the non-applicant/ State.

4.

Ms Sejal Lakhani, learned counsel for the applicant submits that the applicant was falsely implicated in the alleged offence. It is further submitted that as per the directions of this court the applicants have attended the Police Station. Accordingly, she prays for confirmation of ad-interim bail granted to the applicant vide order dated 05/11/2021.

5.

On the other hand, learned A.P.P. Shri Thakre strongly opposed the application and points out from the case diary that in two crimes, namely Crime No.428/2021 (instant case) and Crime No.701/2021 her involvement is there and sufficient material has been collected by the Investigating Agency where-from her role can be seen in the alleged offence.

6.

After perusal of the case diary, I am of the opinion that prima-facie involvement is apparent. The learned A.P.P. submits that applicant's custody is required to unearth the racket. Accordingly, I am not inclined to confirm the ad-interim bail granted to the applicant by this Court vide order dated 05/11/2021.

The application is rejected.

Signed By:RAJIV BABARAO RAUT PRIVATE SECRETARY JUDGE RRaut..