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Bombay High CourtABA/3602/2024disposed off

Chetna Uday Ilapate v. The State Of Maharashtra And ORS

2025-01-13Hon'Ble Shri Justice N. R. Borkar2 pages

Digitally signed by DINESH SADANAND SHERLA Date:

2025.02.04 18:53:15 +0530 DINESH SADANAND SHERLA 21-22-aba-3601-3602-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3601 OF 2024 (Sr.No.21) Jitendra Puri ...Applicant V/s.

The State of Maharashtra & Ors.

...Respondents.

..............

Mr. Akhilesh Chaubey a/w. Mr. Prathamesh Vhanmane and Mr.Ankit Tiwari i/b AVC & Associates for the Applicant. Ms. Veera Shinde, APP for the Respondent/State. Mr. Viraj Kadam a/w. Mr. Laxman R. Shahapur for Respondent No.2. ..............

WITH ANTICIPATORY BAIL APPLICATION NO. 3602 OF 2024 (Sr.No.22) Chetna U. Ilpate ...Applicant V/s.

The State of Maharashtra & Ors.

...Respondents.

..............

Mr. Akhilesh Chaubey a/w. Mr. Prathamesh Vhanmane and Mr.Ankit Tiwari i/b AVC & Associates for the Applicant. Mr. V.A. Kulkarni, APP for the Respondent/State. Mr. Viraj Kadam a/w. Mr. Laxman R. Shahapur for Respondent No.2. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

13.01.2025.

P.C. :

1.

As both these applications filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) for grant of anticipatory bail are arising out of one and the same crime, they are being disposed of by this common order.

2.

The applicants are apprehending their arrest in Crime No.360 of 2024 registered at Khalapur Police Station, Raigad for the offences punishable under Sections 420, 465, 466, 467, 468 and Dinesh S. Sherla 1/2

21-22-aba-3601-3602-24.doc 471 read with 34 of the Indian Penal Code, (IPC). 3.

I have heard the learned counsel appearing for the applicants, the learned APP for the respondent / State and the learned counsel for the respondent No.2 and perused the FIR. 4.

It appears that agreement of sale was executed in favour of the complainant by the applicant in Anticipatory Bail Application No. 3602 of 2024 in respect of some immovable properties owned by her. The allegations are of execution of another agreement of sale in favour of third parties during the subsistence of agreement of sale in favour of the complainant.

5.

Admittedly, the complainant has not filed any suit for specific performance of contract. The dispute between the parties appears to be of purely civil nature. I am therefore, inclined to release the applicants on anticipatory bail. In the result the following order is passed.

ORDER

A) Both Anticipatory Bail Applications are allowed. B) In the event of arrest of the applicant - Jitendra Puri in A.B.A. No.3601 of 2024 and applicant - Chetna U. Ilpate in A.B.A. No. 3602 of 2024 in C.R. No. 360 of 2024 registered at Khalapur Police Station, Raigad for the offences punishable under Sections 420, 465, 466, 467, 468 and 471 read with 34 of the IPC, they be released on bail on executing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two sureties in the like amount each.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2