Snehal S/O. Ashokpanat Chimote v. The State Of Maharashtra Thr Police Station Officer Police Station Wardha City, Wardha.
2025:BHC-NAG:2514
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.842 OF 2024 (Shri Snehal s/o Ashokpanat Chimote 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. B.H. Tekam, Advocate for the applicant.
Mrs. H.N. Prabhu, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- MARCH 7, 2025.
Apprehending the arrest at the hands of police in connection with Crime No.1280/2024 registered with Police Station Wardha, District Wardha for the offences punishable under Sections 316(2), 318(4), 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.
2.
Learned Counsel for the applicant submitted that the complainant has lodged the written complaint on 09/08/2024 stating therein that the informant is a Farmer and her wife is a School Teacher. The informant further alleged that in the month of October, 2020 the Managing Group of M/s. S.S.V. Agro Products Pvt. Ltd., Bhandara had visited in the Hotel Vidyadeep Regency, Wardha and given information to the informant about how fishery business is giving high returns and profit along with agriculture, therefore, he invested the amount. However,
he has not received either any interest or in fact the agreement was executed and signed by Vijay Gadhawe upon Rs.100/- Stamp Paper. Thereafter the informant had handed over the possession of the half acres of the agricultural land. The company had dug the pond, but company had not put the seeds in it for long time and thus, he sustained the loss. He submitted that considering the allegations against the present applicant, he has not received any pecuniary gain, and therefore, his role is not a vital role and his custodial interrogation is not required. In addition to the above submissions he submitted that the applicant is ready and willing to deposit the amount of Rs.2.00 lakhs within four weeks before this Court. 3.
Learned APP strongly opposed the application and submitted that the recitals of the FIR shows that it was the present applicant who induced the informant and other investors to invest the amount and the seeds were not provided, and therefore, the informant as well as other investors have suffered loss.
4.
I have heard learned Counsel for both the parties. On perusal of the recitals of the FIR and the investigation papers it reveals that there was an inducement by the present applicant and other co-accused. As far as the recitals of the FIR are concerned and the allegation against the present applicant and considering he has shown his willingness to deposit the
amount of Rs.2.00 lakhs and thus shown his bonafide and considering the entire investigation revolves around the documents his prayer for grant of ad-interim protection deserves to be allowed. Accordingly, I proceed to pass the following order:
(i) The application is allowed.
(ii) In the event of the arrest, the applicant - Shri Snehal s/o Ashokpanat Chimote in connection with Crime No.1280/2024 registered with Police Station Wardha, District Wardha for the offences punishable under Sections 316(2), 318(4), 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, 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 deposit the amount of Rs.2.00 lakhs within four weeks before this Court.
(iv) The applicant shall attend the concerned police station once in a week i.e.
on every Monday between 10.00 AM and 1.00 PM and shall cooperate with the investigating agency.
(v) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case, either personally or by way of electronic media.
(vi) The applicant shall furnish his Cell phone number and address with address proof along with names of two relatives with their address proof, before the investigating agency.
5.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya