Ashish Pralhadrai Jaju v. State Of Maharashtra

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 298 OF 2024 Ashish Pralhadrai Jaju ..Applicant

Versus

The State of Maharashtra ..Respondent _____ Mr. Hrishi Ghorpade a/w. Siddharth Mehta a/w. Harshada Shrikhande for Applicant.

Ms. Mahalakshmi Ganapathy, APP for State/Respondent. _____ CORAM :- SARANG V. KOTWAL, J.

DATE :- 27 FEBRUARY 2024 P.C. :- 1.

The Applicant is seeking anticipatory bail in connection with C.R.No.922 of 2023 registered at Pimpri Police Station, Pune, on 11.09.2023, under Section 420 r/w. 34 of the Indian Penal Code and under Section 66(D) of The Information Technology Act.

2.

Heard Mr. Hrishi Ghorpade, learned counsel for the applicant and Ms. Mahalakshmi Ganapathy, learned APP for the State.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.02.29 10:30:03 +0530 VINOD BHASKAR GOKHALE

3.

The F.I.R. is lodged by one Suparna Choudhary. She was working in a private company as Digital Marketing Manager. On 05.09.2023, she received a message from an unknown phone number sent by one lady by the name H. R. Arya. It was mentioned that the informant could get a part time job with earning of around Rs.2000/- to Rs.10000/-. For that, she had to complete some task of giving ratings to the restaurants. The said person extracted around Rs.3,08,000/-. The first informant expected some returns. However, that amount was not returned. Instead, Rs.5 lakhs more were demanded. The informant realized that the entire transaction was fraudulent and, therefore, she lodged the complaint.

4.

Different complaints were lodged by different police stations regarding similar offences. During one such investigation, it transpired that the applicant was also involved and, therefore, he is apprehending his arrest. In fact, the applicant was arrested in two such similar offences.

5.

Learned counsel for the applicant submitted that the

applicant was arrested in two similar offences and was released on bail. The applicant is shown as an accused in three more offences, in which he is either under interim protection or is granted anticipatory bail. He submitted that the investigation is practically the same, therefore, his repeated arrest in different C.Rs. on the same allegation may not be permitted and, therefore, he requires protection U/s.438 of the Cr.p.c. in the present application. According to him, following are the offences registered against the applicant.

i) C.R.No.1074 of 2023 Hinjewadi police station. He was in police custody between 06.10.2023 to 09.10.2023.

ii) C.R.No.476 of 2023 Chinchwad police station. He was in police custody between 13.10.2023 to 18.10.2023.

He is on bail in these two offences.

iii) C.R.No.478 of 2023, Chinchwad police station, wherein, he was granted anticipatory bail by the Sessions Court, Pune.

iv) C.R.No.271 of 2023 Alandi police station wherein interim protection was granted by the Sessions Court at Khed.

and fifth is the present offence.

6.

Learned counsel for the applicant invited my attention to the investigation carried out by Hinjewadi police station in connection with C.R.No.1074 of 2023. In that investigation, the statement of the co-accused Chintan Phadke was recorded U/s.27 of the Evidence Act, in which, he had stated that the applicant had helped the other accused in getting offices on rent. He had also helped them in opening the bank accounts. Learned counsel submitted that, these allegations are common in all these offences. The accused are also common.

7.

Learned APP wants to verify this position and to check whether there is any difference in all these offences. She also wants to confirm whether the applicant is one of the beneficiaries in these offences.

8.

Considering these submissions, at this stage, the applicant can be protected by way of ad-interim relief with direction to attend the concerned police station and to co-operate with the investigation.

9.

Hence, the following order.

O R D E R

i) In the event of his arrest in connection with C.R.No.922 of 2023 registered at Pimpri Police Station, Pune, till the next date, the Applicant is directed to be released on bail on his executing P. R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

ii) This order shall operate till 10/04/2024. iii) The Applicant shall attend the concerned Police Station from 11/03/2024 to 14/03/2024 between 1.00p.m. to 5.00p.m. and shall cooperate with the investigation.

iv) Stand over to 10/04/2024.

(SARANG V. KOTWAL, J.)