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Bombay High CourtABA/1900/2024disposed off

Hari Popat Dhotre v. The State Of Maharashtra

2024-07-22Hon'Ble Shri Justice Manish Pitale3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DHARMENDER PRITHIANI Date: 2024.07.22 18:13:08 +0530 BIPIN DHARMENDER PRITHIANI CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1900 OF 2024 Hari Popat Dhotre ...

Applicant

Versus

The State of Maharashtra ...

Respondent ****** Mr. Satish R. Mishra for the Applicant.

Mr. Rushikesh M. Pethe, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.

DATE : 22nd JULY 2024 P.C. :

.

Heard learned counsel for the applicant and learned APP for respondent-State.

2.

The applicant by way of this application is seeking transit anticipatory bail, as he has received notice under Section 91/160 of the Code of Criminal Procedure, 1973 (Cr.P.C.) from the office of the Cyber Crime Police Station, Hyderabad City. The said notice specifically states that during the course of investigation, pertaining to C.R. No. 1057 of 2024 registered with Hyderabad City Police Station, for offences under Sections 384, 419, 420, 467, 468 and 471 of the Indian Penal Code, 1860 (IPC) and Sections 66(C) and (D) of Information Technology Act, 2000 (IT Act), it is found that fraudulently obtained money was deposited in the account of the applicant.

3.

The learned counsel for the applicant submits that he apprehends arrest if he responds to the said notice and that he is not aware as to who deposited the amounts in his account. 4.

The learned APP opposes the present application and refers to certain discrepancies in the documents placed on record at Exhibit 'A', which include Udyam Registration Certificate and Form F at Exhibit 'B'. He has also invited attention of this Court to the statement of bank account placed on record, which shows that huge amounts were deposited in the account of the applicant, for which there does not appear to be any explanation. 5.

This Court has considered the material on record. Apart from the apparent discrepancies in the documents at Exhibits 'A' and 'B', this Court finds that the statement of account of the applicant shows huge amount of Rs.20 lakhs deposited on 18th April 2024 and further such amounts deposited in the month of April 2024. There is nothing to indicate that if the applicant had no clue as to how such amounts found their way into his account, what steps he took upon such huge amounts being deposited. Apart from a bare statement in the application that the applicant approached the bank in that regard, there is no document to support the same.

6.

Even otherwise, the notice received by the applicant is under Section 91/160 of Cr.P.C. and the applicant does not appear to be arraigned as an accused.

7.

In view of the above, no case is made out for granting transit anticipatory bail. The application is dismissed. MANISH PITALE, J.