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Bombay High CourtABA/633/2024allowed

Yogendra S/O Kewatram Bangre v. The State Of Maharashtra Through Pso Ps Dhanora Dist Gadchiroli

2024-10-04Hon'Ble Justice Urmila Joshi Phalke3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.633 OF 2024 (Yogendra Kewatram Bangre Vs. 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. A.S. Dhore, Advocate for applicant.

Ms T.H. Udeshi, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- OCTOBER 4, 2024.

By this application, the applicant is seeking pre-arrest bail, in connection with Crime No.93/2023, registered with Police Station Dhanora, District Gadchiroli, for the offence punishable under Section 420 read with 34 of the Indian Penal Code.

2.

The applicant is apprehending arrest at the hands of police, as accusation against him is made on the basis of report lodged by Jyoti Krushna Darwade, on the allegation that the present applicant and other co-accused induced her to invest the amount in the company by name Tradewin and accordingly, took her at the house co-accused Sau. Jaswanda Pankaj Gedam who has also induced her for investment of amount. Accordingly, she has invested the amount but she has not received any returns on the said investment.

3.

Learned Counsel for the applicant submitted that as far as the allegation in the First Information Report

is concerned, inducement is by the other co-accused and only allegation against the present applicant is that he received the amount. But as far as the receipt of the amount from the informant is concerned, there is no material to substantiate the contention. The other co-accused are already released on bail. In view of that, present applicant be protected by granting ad-interim bail. 4.

Learned APP strongly opposed the said application and submitted that from the investigation papers it reveals that the co-accused has paid the amount to the present applicant. She submitted that now the details of her bank account and other investigation as far as the present applicant is concerned is carried out. She submitted that considering the applicant has received the monetary gain, the application deserves to be rejected. 5.

I have heard learned Counsel for both the parties. Perused the investigation papers from which it reveals that the purpose of interrogation is already over as the applicant has cooperated with the investigating agency and his custodial interrogation is not required. In view of that, the interim protection granted to the applicant deserves to be confirmed.

6.

Hence, the application is allowed. The interim protection granted to the applicant vide order dated 04/09/2024 is hereby confirmed on the same terms and conditions.

7.

The applicant shall attend the concerned police station once in a week i.e. on every Monday between 10.00 AM to 01.00 PM, till filing of the charge-sheet and shall cooperate with the investigating agency.

8.

All other accused excluding Varsha Kodap are already released on bail.

9.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya