Rajaram Babu Kokate v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN ITS CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1471 OF 2024 Rajaram Babu Kokate ... Applicant Vs.
TALLE SHUBHAM ASHOKRAO The State of Maharashtra ... Respondent TALLE SHUBHAM ASHOKRAO Date: 2024.05.29 13:05:14 +0530 ---------------- Ms. Prabha Badadare, for the Applicant.
Mr. M. S. Sonawane, APP for the Respondent/State. API Yogesh Bendkule, Badlapur Police Station. ----------------- CORAM : KISHORE C. SANT, J.
DATE : 28th May, 2024 (VACATION COURT) P.C.:- 1.
Heard for sometime. The Applicant was working with the Reliance Gas Pipeline Project. Some lands were acquired for the said project of land owners from village Dahage-Nagothane. The Informant lodged the complaint that he was having a land in the said village. It came to his notice that some other persons have taken the compensation for the said land posing to be the owners by fabricating the documents. The allegation against this Applicant is only that the said compensation was given by fabricating the document in collusion with this Applicant. No specific role is alleged.
2.
This Court in other Application has observed that there is no 1/3
allegation of non receipt of the compensation. The other co-accused working with reliance gas pipeline project have already been granted protection by this Court. As it is the offence is registered in respect of the period in 2020 and the offence is registered on 13.04.2022. No specific allegation is made that during this period. There is also no allegation that the applicant has ever any such offence. This Applicant has ever tried to influence the investigation or tried to interfere with the investigation. This Court is of the opinion that no custodial interrogation is necessary. Purpose would be served by granting protection as granted to other officers working with the same project.
3.
The learned APP has opposed the Application. There are no specific allegations against this present applicant and there are no allegation that he has interfered with the investigation though the offence is registered on 13.04.2022. It is also seen that the alleged offence has taken place in the year 2020 and no immediate complaint is filed. 4.
This Court finds that custodial interrogation is not necessary of the Applicant. Hence the following Order.
ORDER
a) The Application stands allowed.
b) In the event of arrest of this Applicant in connection with FIR No. 0071 of 2022, registered with Badlapur West Police Station, Mumbai, for the offences punishable under 2/3
section 34, 406, 409, 420, 467, 468, of the Indian Penal Code 1860, he shall be released on bail on furnishing P.R. bond and solvent surety in the sum of Rs.15,000/-. c) The Applicant shall not try to influence the investigation and co-operate with the investigation officer. The Applicant shall not tamper with evidence and not try to contact any of the witnesses.
d) The Applicant shall attend the concerned police station as and when called for.
e) The Applicant shall keep informed the concerned Police Station about his residential address, mobile number etc. and other contact details.
5.
The Application stands disposed of.
(KISHORE C. SANT, J.) 3/3