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Bombay High CourtABA/3572/2024allowed

Mihir Kantilal Vamja v. State Of Maharashtra

2025-02-03Hon'Ble Shri Justice N. R. Borkar2 pages

10-ABA-3572-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3572 OF 2024 Mihir Kantilal Vamja ...Applicant

Versus

State of Maharashtra

...Respondent

....

Mr. Jaywant Avhad a/w Ms. Hemangi Khopkar, Mr. Shaikhlal Shaikh, Advocate for the Applicant.

Mrs. G. P. Mulekar, A.P.P. for the Respondent - State. Mr. Bhushan D. Sonar (A.P.I.), Indira Nagar Police Station, Nashik, present.

....

CORAM

:

N. R. BORKAR, J.

DATE :

3rd FEBRUARY, 2025.

P.C.

:

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No.397 of 2024 registered at Indira Nagar Police Station, District : for the offences punishable under Sections 140(2), 308(5), 3(5), 127(3) of the Bhartiya Nyay Sanhita, 2023. 3.

According to the prosecution, due to certain financial transaction, the victim in the present case was abducted and confined in one under construction building from 19.11.2024 Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.02.22 17:06:14 +0530 to 27.11.2024. There are allegations of assault also. SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

10-ABA-3572-2024.doc 4.

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

5.

According to the complainant himself, he has not repaid the amount of Rs.50,00,000/- borrowed by him from the applicant and his father. Therefore, prima facie the possibility of false implication cannot be ruled out. There appears to be no need of custodial interrogation. Considering the overall facts and circumstances, I am inclined to release the applicant on anticipatory bail.

ORDER

(i) Anticipatory Bail Application is allowed;

(ii) In the event of arrest of the applicant in connection with Crime No.397 of 2024 registered at Indira Nagar Police Station, District : for the offences punishable under Sections 140(2), 308(5), 3(5), 127(3) of the Bhartiya Nyay Sanhita, 2023, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) The applicant shall attend the concerned Police Station as and when called by the Investigating Officer and shall co-operate with the Investigation.

(iv) Anticipatory Bail Application stands disposed of accordingly.

(N. R. BORKAR, J.) Sajakali Jamadar