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Bombay High CourtABA/4/2024allowed

Sonu Kumar Prabhashchandra Jha v. The State Of Maharashtra

2024-09-05Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.4 OF 2024 Sonu Kumar Prabhashchandra Jha .... Applicant versus State of Maharashtra .... Respondent .......

• Mr. Pramod Pandey, Advocate for Applicant.

• Smt. Manisha R. Tidke, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 05th SEPTEMBER, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.580/2022, dated 17/06/2022, registered with Bhandup Police Station, Mumbai, under sections 420, 465, 467, 468, 471 r/w 34 of the Indian Penal Code.

2.

Heard Mr. Pramod Pandey, learned counsel for the Applicant and Smt. Manisha R. Tidke, learned APP for the State. Digitally signed by MANUSHREE NESARIKAR Date:

2024.09.09 14:37:40 +0530 3.

The FIR is lodged by one Ravindra Gupta. The gist of MANUSHREE NESARIKAR the FIR is that the informant was in search of a house. The Nesarikar

2 / 3 Applicant, who was working with him, told him that a flat was available in SRA Scheme for Rs.18 lakhs, though the price in that area was between 40 to 50 lakhs. The informant was introduced by the Applicant to Krushnakant Sonwadkar and Rajkumar Verma. It is further described in the FIR that both of them obtained Rs.4,01,000/- from the informant and gave him some forged documents in the nature of SRA transfer receipt, electricity bills etc. When the informant was not given that flat, he realized that he was cheated on the basis of forged documents and therefore, the FIR was lodged.

4.

Learned counsel for the Applicant submitted that he has not committed any offence. Even he was a victim at the hands of both the accused. The Applicant is not the beneficiary. 5.

On the previous occasion, i.e. on 04/01/2024, I had protected the Applicant by way of ad-interim relief with directions to attend the concerned police station. However, initially, he did not attend the police station. Therefore, vide the order dated 01/08/2024, I had directed the Applicant to attend the concerned police station from 12/08/2024 to 14/08/2024.

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Learned APP on instructions states that the Applicant has accordingly attended the police station and cooperated with the investigation. The investigating agency does not want to arrest the Applicant. In this view of the matter, the Applicant can be protected u/s 438 of Cr.P.C.

7.

Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R.No.580/2022, dated 17/06/2022, registered with Bhandup Police Station, Mumbai, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The application stands disposed of accordingly. (SARANG V. KOTWAL, J.)