Sandeep Radhakrushna Wani v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2213 OF 2024 Sandeep Radhakrushna Wani ...
Applicant V/s.
The State of Maharashtra ...
Respondent WITH INTERIM APPLICATION NO. 2262 OF 2024 Sandeep Jagdish Chaudhary ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Mr Aniket Nikam I.by Amit Icham, for the applicant. Ms.Veera Shinde, APP, for the Respondent / State. Mr. Rakesh Umarani with Shardul Avhad I.by Rushikesh Kale, for the complainant.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.11.28 19:00:40 +0530 PSI, Sameer Dabhade, EOW, Pimpri Chinchwad Police Station, Present. VARSHA DEEPAK GAIKWAD --------------------
CORAM
:
ANIL S. KILOR, J.
DATE :
28TH NOVEMBER, 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.380 of
2022, registered with Chakan Police Station, Pune for the offences punishable under Sections 420, 406, 409, 467, 468, 471 r.w 34 of the Indian Penal Code, 1860 (for short, IPC).
3.
In the present matter the co-accused Nikhil Agarwal has been granted bail whose liability is if considered as per the FIR and material collected by the IO during the investigation, is more than the liability of the applicant. The role of the applicant is also similar with the role of the co-accused, Nikhil Agarwal who has been granted bail. 4.
It is evident from the record that as far as the applicant is concerned, he has allegedly defrauded Rs. 75 lakh and odd amount. The applicant is in jail from last two years and eight months. The accused No. 1 was absconding. However, he was arrested on 27.12.2023 after the directions to that regard was issued by this Court vide order dated 22.12.2023 in Bail Application of co-accused Vishal. The IO is in custody of all the records and further considering the fact that the offence is triable by the Magistrate, I am of the opinion that the applicant is entitled for grant of bail.
5.
Accordingly, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant be released on bail in connection with Crime No.380 of 2022, registered with Chakan Police Station, Pune for the offences punishable under Sections 420, 406, 409, 467, 468, 471
r.w 34 of the Indian Penal Code, 1860 (for short, IPC), on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
iii) The applicant shall attend the concerned Police Station on 1st day of every month between 10.00a.m. to 11.00 a.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;
v) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition or if the applicant commits similar offence;
vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
The application is disposed of.
(ANIL S. KILOR, J)