Shri Shriniwasrao Ramkrishna Gondalu v. The State Of Maharashtra, Thr. Police Station Officer, Police Station Wathoda, Nagpur

2024:BHC-NAG:10785

(1) 31.aba.594.2024

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.594 OF 2024 Shriniwasrao Ramkrishna Gondalu Vs.

State of Maharashtra, Through Police Station Officer, Police Station, Wathoda, Nagpur ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Raju Kadu, Counsel for the applicant.

Ms. Sneha Dhote, APP for non-applicant /State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 20/09/2024 1.

Apprehending the arrest at the hands of police, in connection with Crime No.201/2024 registered with Police Station Wathoda, Nagpur for the offences punishable under Sections 420, 468, 471 and 472 read with Section 34 of the Indian Penal Code, 1860, the applicant approached this Court for grant of pre-arrest bail.

2.

The crime is registered on the basis of a report lodged by Harshali Sudhakarrao Ingle, who alleged that she educated upto M.B.A. In the month of May 2021, when she was in search of a job, her friends Saba Sheikh came at her house, and disclosed that her friends and the co-accused, Dushyant Makode, obtained money and provided a job in a Metro. Accordingly, she introduced her with the said Dushyant Makode. The said Dushyant

(2) 31.aba.594.2024 Makode induced her to pay the amount on the assurance that, he is acquainted with the three persons, who are officers in Metro, and obtained money from her. She was also called and asked to deposit the amount. Thereafter, one call letter was also issued to her, and subsequently joining letter was also issued to her. The said joining letter was found to be forged. On the basis of said report, police have registered the crime against the present applicant and other co-accused.

3.

Learned Counsel for the applicant submitted that, as far as the recitals of the FIR is concerned, no specific role is attributed to the present applicant. In fact, his name is not mentioned in the FIR, only the name mentioned as "Rao". The applicant is neither serving in a Metro nor he is connected with the other accused. As far as the recitals of the FIR are concerned, there is no allegation that either he was introduced with the informant or there was any meeting between the informant and the present applicant and the present applicant has received any amount. There is no allegation that he either forged the joining letter or appointment letter. Thus, considering that absolutely there is no case to connect the present applicant with the alleged offence, he be protected by granting anticipatory bail.

(3) 31.aba.594.2024 4.

Learned APP strongly opposed the said application and submitted that the name "Rao" is mentioned which means the present applicant is Shriniwasrao. Therefore, the name of the present applicant appears in the FIR. She further submitted that the association of the present applicant reveals from the statement of the informant i.e. sufficient to connect the present applicant with the alleged offence. In view of that, the application deserves to be rejected.

5.

Heard learned Counsel for the applicant and learned APP for the State, perused the recitals of the FIR and the investigation papers from which it reveals that except the name mentioned is "Rao", there is no specific allegations against the present applicant. Money transaction is also not between the informant and the present applicant. As far as his association with the other accused is concerned, admittedly there is no material collected during the investigation to show that the other co-accused are acquainted with the present applicant and there was any communication between them. Thus, considering the nature of the evidence, the applicant has made out a case for grant of anticipatory bail. In view of that I proceed to pass following order:

ORDER

(i) The application is allowed.

(4) 31.aba.594.2024 (ii) In the event of his arrest, in connection with Crime No.201/2024 registered with Police Station Wathoda, Nagpur for the offence punishable under Sections 420, 468, 471 and 472 read with Section 34 of the Indian Penal Code, 1860, the applicant - Shri Shriniwasrao Ramkrishna Gondalu shall be released on anticipatory bail, on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.

(iii) The applicant shall attend the concerned Police Station once in a week on Sunday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the investigating agency, till filing of the charge-sheet.

(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

6.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate