Mr. Vikas S/O Shivkumar Agrawal v. The State Of Maharashtra Thr. Pso, Ps, Sadar, Nagpur
2024:BHC-NAG:10042
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.495 OF 2024 (Mr. Vikas Shivkumar Agrawal Vs State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. N.K. Bhangde, Advocate for applicant.
Mrs H.N. Prabhu, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- SEPTEMBER 3, 2024.
Apprehending the arrest at the hands of police, in connection with Crime No.322/2024 registered at Police Station Sadar, Nagpur City, Nagpur for the offence punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, 1860, the applicant approached this Court for grant of pre-arrest bail.
2.
Learned Counsel for the applicant submitted that the allegation against the present applicant is that, he is the owner of the Hyundai Creta Car bearing No.MH-43-BU-9870, and he agreed to sell it to the informant through accused - Sumit Pippar. It is further alleged that the present applicant though accepted the amount of consideration not handed over the said car, and not transferred the ownership to the informant. It is further alleged that, present applicant has not returned the amount also. On the basis of the said report, police have registered the crime against the present applicant.
3.
Learned Counsel for the applicant further submitted that as far as the allegations are concerned, from which it reveals that the dispute is of a civil nature. As far as the custodial interrogation is concerned, which is not required. In view of that, the interim protection granted to the applicant deserves to be confirmed. 4.
Learned APP strongly opposed the said application and invited my attention towards the statement of one Sudhakar Kata and submitted that this witness has specifically narrated about the role of the present applicant, therefore, his custodial interrogation is required for the purpose of recovery of the car as well as the recovery of the money. In view of that, the application deserves to be rejected.
5.
I have heard learned Counsel for the applicant and learned APP for the State. Perused the investigation papers from which it reveals that there was a breach of an agreement after obtaining the consideration amount. As far as the nature of the transaction is concerned it is apparently of a civil nature. The custodial interrogation of the applicant is not required. He has already directed to attend the concerned police station. In view of that, the ad-interim protection granted to the applicant deserves to be confirmed. Accordingly, I proceed to pass the following order :
(i) The application is allowed.
(ii) The interim protection granted to the applicant vide order dated 09/07/2024 is hereby confirmed on the same terms and conditions.
(iii) In the event of arrest, the applicant - Mr. Vikas s/o Shivkumar Agrawal in connection with Crime No.322/2024 registered at Police Station Sadar, Nagpur City, Nagpur for the offence punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, 1860, be released on anticipatory bail, on executing P.R.Bond in the sum of Rs. 25,000/- with one solvent surety in the like amount.
(iv) The applicant shall attend the concerned police station once in a week i.e.
on every Sunday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the investigating agency.
(v) On failure to attend the police station would lead to the cancellation of the bail.
(vi) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.
6.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya