Ashish Pralhadrai Jaju v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1216 OF 2024 Ashish Pralhadrai Jaju .... Applicant versus The State of Maharashtra .... Respondent .......

• Mr. Hrishi Ghorpade a/w Omkar Khedekar a/w Prathamesh Deshpande i/b. Vaibhav Kulkarni, Advocate for Applicant. • Smt. Madhavi H. Mhatre, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 02nd MAY, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.271/2023, dated 11/10/2023, registered with Alandi Police Station, Pune Pimpri Chinchwad, under sections 420 r/w 34 of the Indian Penal Code and under section 66C, 66D of the Information Technology Act.

2.

Heard Mr. Hrishi Ghorpade, learned counsel for the Applicant and Smt. Madhavi H. Mhatre, learned APP for the State.

Digitally signed by MANUSHREE NESARIKAR Date:

2024.05.07 14:48:00 +0530 MANUSHREE NESARIKAR Nesarikar

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The FIR is lodged by one Radhika Nayadu. She has mobile phone. At that time, she had given all the details of her bank account with State Bank of India. In that transaction her account was debited for the amount of Rs.28,800/- through three fraudulent transfers. On this basis, the FIR is lodged. 4.

Learned counsel for the Applicant submitted that the charge-sheet in this case against the other accused is already filed. The Applicant was shown as the accused in four other offences.

(1) C.R.No.1074/2023 registered with Hinjewadi police station. He was in police custody since 06/10/2023 to 09/10/2023 in that connection.

(2) C.R.No.476/2023 registered with Chinchwad police station. He was in custody since 13/10/2023 to 18/10/2023. He is released on bail in this offence.

(3) C.R.No.478/2023 registered with Chinchwad Police station. He was granted anticipatory bail by the Sessions Court, Pune.

(5) C.R.No.922/222 registered with Pimpri police station. He is under ad-interim protection passed by this Court in that connection.

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Learned counsel for the Applicant submitted that the Applicant is falsely implicated. In any case, different police stations are investigating the similar offences with a possible common thread. The Applicant was already in custody for two of the offences. Therefore, a similar nature of investigation will not lead to anything. In that case, the Applicant's custody in the present case is not necessary. He submitted that there is no material against the present Applicant showing his involvement in the present offence.

6.

Learned APP seeks time to respond to these submissions and to show how these offences are interconnected or as to how they are different, for which a separate opportunity needs to be given to the Investigating Officer to investigate into these allegations.

7.

Considering all these submissions, the Applicant can be protected by way of ad-interim relief and this matter can be heard along with Anticipatory Bail Application No.298 of 2024.

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Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R.No.271/2023, dated 11/10/2023, registered with Alandi Police Station, Pune Pimpri Chinchwad, till the next date, 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 Applicant shall attend the concerned Police Station from 14/05/2024 to 16/05/2024 between 01.00 p.m. to 05.00 p.m. and thereafter as and when called and shall cooperate with the investigation.

(iii) This order shall operate till 25/06/2024.

(iv) Stand over to 25/06/2024 to be heard along with Anticipatory Bail Application No.298 of 2024.

(SARANG V. KOTWAL, J.)