Abha D/O Rambahadur Singh v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2697 OF 2024 Abha D/o Rambahadur Singh ...
Applicant V/s.
The State of Maharashtra ...
Respondent WITH INTERIM APPLICATION NO. 3192 OF 2024 VARSHA DEEPAK GAIKWAD IN CRIMINAL BAIL APPLICATION NO.2697 OF 2024 VARSHA DEEPAK GAIKWAD Date: 2024.10.08 18:24:13 +0530 Kersy N. Mehta ...
Applicant V/s.
The State of Maharashtra and Anr.
...
Respondents ------------------- Mr. Abhishek Yende a/w Sagar Paspohe, for the applicant. Ms. Rekha Musale, for the applicant in IA Mr. Pankaj Deokar, APP, for the Respondent / State.
CORAM
:
ANIL S. KILOR, J.
DATE :
4TH OCTOBER, 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.116 of 2023, registered with Cyber Police Station, Pune, for the offences punishable under Sections 419, 420, 406 r/w. 34 of the Indian Penal
Code (for short, 'IPC') 3.
Having gone through the charge-sheet and the relevant material collected by the IO during the investigation, it is evident that the only allegation against the applicant is that he received the amount in his account which was paid by the complainant to the accused no. 2. Though the learned counsel for the complainant states that the applicant is the director of the company. However, the applicant disputed the same and it is submitted that the amount was deposited by the complainant in the wallet of the accused no. 2 and for that purpose e-mail of the applicant was used.
4.
In the above referred backdrop of the allegation, considering the fact that the charge-sheet has been filed and all the relevant material is seized and collected by the IO during the investigation, I am of the opinion that the applicant is entitled for grant of bail.
5.
It is not the case of the prosecution that any amount was paid or received in the account of the applicant. 6.
At this stage, the learned counsel for the complainant and the learned APP strongly opposed the application and pointed out that there is every possibility that the applicant may go to Dubai if he is released on bail. The said apprehension can be addressed by directing the applicant to surrender her passport to the IO and further to attend the police Station regularly.
7.
Accordingly, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant shall be released on bail in Crime No.116 of 2023, registered with Cyber Police Station, Pune, for the offences punishable under Sections 419, 420, 406 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 Police Station on every alternate Sunday i.e. 1st and 3rd 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 surrender her passport to the IO. v) 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;
vi) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition or misuse of liberty.
vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted
by the trial Court.
8.
The application is disposed of .
(ANIL S. KILOR, J)