Vijaykumar Ankush Kawade And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2941 OF 2024

1. Vijaykumar Ankush Kawade

2. Dhananjay Shantaram Wayakar ...

Applicants

Versus

The State of Maharashtra ...

Respondent ****** Mr. Satish K. Ingale (through V.C.) for the Applicants. Ms. Megha S. Bajoria, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.

DATE : 12th NOVEMBER 2024 P.C. :

.

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

2.

The applicants are apprehending arrest in connection with FIR No. 0626 of 2024 dated 24th June 2024 registered at Lonikand Police Station, Dist. Pune, for offences under Section 420 and 406 of the Indian Penal Code, 1860 (IPC). 3.

The grievance of the informant is that the accused persons cheated him in as much as he paid substantial amounts of money and also installments in respect of a four-wheeler, under the impression that the vehicle would be transferred in his name, but eventually the transfer was never made.

BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.11.12 19:21:29 +0530 4.

Having heard the learned counsel for the applicants and the

learned APP, while keeping the application pending, this Court is inclined to grant interim relief in favour of the applicants, for the reason that the amounts transferred in the present case were all in favour of the absconding co-accused person or in favour of his wife. At this stage, prima facie it does not appear that there is a money trail leading upto the applicants, although they themselves have conceded that they acted as facilitators for the said transaction. It is to be noted that although the incident is said to have been taken place in the year 2022, the FIR has been registered on 24th June 2024, thereby indicating that there is delay in registration of the FIR.

5.

In view of the above, the following interim order is passed : (a) Till the next date, in the event the applicants are arrested in connection with FIR No.0626 of 2024 dated 24th June 2024 registered at Lonikand Police Station, Dist. Pune, they shall be released on bail on furnishing PR Bond of Rs.50,000/- each and one or two sureties in the like amount. (b) The applicants shall remain present before the Investigating Officer on 14th November 2024 between 10:00 a.m. and 12:00 noon and thereafter, as and when called by the Investigating Officer. The applicants shall cooperate with the investigation.

(c) The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the

informant, witnesses and other persons concerned with the case.

6.

In the event, the applicants violate any of the aforesaid conditions, the order passed today would be recalled. 7.

List this application for further consideration on 9th December 2024 (High on Board).

MANISH PITALE, J.