Umakant Kunjilal @ Aniket Mishra v. State Of Mah. Thr. Ps Gadge Nagar, Dist. Amravati.

2024:BHC-NAG:968

(1) 41.ba.982.2023

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 982 OF 2023 Umakant Kunjilal @ Aniket Mishra Vs.

State of Maharashtra, Through Police Station Officer, Police Station, Gadge Nagar, District Amravati ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. V. Navlani, Advocate for applicant.

Mrs. M. H. Deshmukh, APP for respondent/State. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 23/01/2024 1.

The application is filed by the applicant for grant of bail under Section 439 of the Code of Criminal Procedure in connection with Crime No.333/2023 registered with Police Station, Gadge Nagar, Amravati, District Amravati for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 120-B, 201 read with Section 34 of the Indian Penal Code.

2.

The accusation against the present applicant is on the basis of report lodged by one Smt. Indira Rajesh Kekarwade resident of Amravati, she alleged that from 08.12.2022 till 08.03.2023 on the basis of false assurance and false documents providing jobs in Railway and in other Government Department to her sons namely Nilesh Kekarwade and Sachin Kekarwade, the amount of Rs.49,50,000/- was obtained and she was duped. It is

(2) 41.ba.982.2023 further alleged that though the applicant and other co-accused shown that they had provided the job but the forged appointment letters were issued to her sons. Thus, the offence of forgery is also made out against the present applicant.

3.

The learned Counsel Mr. Navlani for the applicant submitted that as far as the present applicant is concerned, it is alleged that the prosecution witnesses namely Nilesh Kekarwade and Sachin Kekarwade were introduced to the present applicant by one Mr. Mathur and the present applicant was giving them training. Thereafter, said Mathur demanded Rs.2,00,000/- towards the fees against the police verification. Subsequently, these two persons contacted to the present applicant and present applicant disclosed that said Mathur is now no more and the amount is to be handed to him. Accordingly, accepted the amount of Rs.2,00,000/-. Thus, the allegation against the present applicant is that he has accepted the amount of Rs.2,00,000/- and also issued them confirmation letter and service book. 4.

Learned Counsel Mr. Navlani for the applicant submitted that considering the role of the present applicant as it is, now the investigation is completed and charge-sheet is filed. The offences alleged against the present applicant showing that he has obtained the amount of Rs.2,00,000/- out of Rs.49,50,000/-. The role

(3) 41.ba.982.2023 of the present applicant is that he has provided the training to the prosecution witnesses and issued two documents. The said documents are already seized by the police during the investigation. Considering the nature of the allegation against the present applicant and as the investigation is completed, further incarceration of the present applicant is not required. However, the application deserves to be allowed by imposing certain conditions. Accordingly, I proceed to pass following order.

ORDER

(i) The application is allowed.

(ii) The applicant Umakant Kunjilal @ Aniket Mishra be released on bail in connection with Crime No.333/2023 registered with Police Station Gadge Nagar, Amravati, District Amravati for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 120-B, 201 read with Section 34 of the Indian Penal Code, on executing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall attend Gadge Nagar Police Station twice in a month and the investigating Officer shall record his presence. (iv) The applicant shall furnish the local surety for the satisfaction of the Court.

(v) The applicant shall furnish his address along with the address proof, his cell phone

(4) 41.ba.982.2023 number, and names and addresses of two nearest relatives along with their address proof.

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

(vii) The contravention of any of the conditions imposed will result into the cancellation of the bail of the present applicant.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate