Rajesh Ganpati Lohar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1242 OF 2024 Rajesh Ganpati Lohar ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Mr. Kuldeep Nikam with Om N. Latpate and Rajesh Waghmare, for the applicant.
Mr. Pandurang Gaikwad, APP, for the Respondent/State. Mr. Rajesh Usgaonkar,API, Kondhwa Police Station, Present. ---------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.07.25 13:56:41 +0530 VARSHA DEEPAK GAIKWAD DATE :
24TH JULY, 2024.
PC:
1.
Heard.
2.
By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.1044 of 2023, registered with Kondhwa Police Station, Pune City for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120 (B) r/w 34 of the Indian Penal Code (for short, 'IPC'). 3.
In the present matter co-accused no. 4 has been released on bail. The present applicant who is the accused no. 3 and co-accused no. 4 have been implicated in the present offence on a statement of coaccused.
4.
As far as recovery is concerned, four bogus admit cards were recovered from the applicant but at the same time there are no allegations in any of the statement of the student or complainant that they met the applicant at any time or he induced them or promised them for any employment in the Army. All such allegations are against the accused no. 1.
5.
The learned APP while strongly opposing the application submits that it is a big racket and the matter is very serious. He further points out that huge amount was received by the applicant in his bank account. However, considering the material available in the chargesheet, nothing is pointed out that the said amount was received by the applicant from any victim or main accused.
6.
Thus, presently except the fact that four bogus / false admit cards were recovered from the applicant, there is no other incriminating material pointed out to prima facie show the applicant is involved in the present alleged offence. Moreover, there are no antecedents against the applicant.
7.
The applicant is in jail from about 10 months and since his further custody is not required, I am of the opinion that this is a fit case for grant of bail.
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant shall be released on bail in Crime No.1044 of 2023, registered with Kondhwa
Police Station, Pune City for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120 (B) r/w 34 of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
iii) The applicant shall attend the said Police Station on 1st and 16th day of every month between 1.00 p.m to 2.00p.m., till the conclusion of the trial except on the date of trial;
iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
iv) Liberty is granted to the State for cancellation of bail in case of there is breach any condition or if the applicant commits any serious offence;
vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial.
The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)