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Bombay High CourtIA/4501/2024disposed off

Vipul Chitalia S/O Chunilal Chitalia v. Central Bureau Of Investigation And ANR

2025-02-18Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4501 OF 2024 IN CRIMINAL BAIL APPLICATION NO. NO. 3810 OF 2021 Vipul Chitalia S/o Chunilal Chitalia .... Applicant V/s.

Central Bureau Of Investigation And Anr .... Respondents ---- Ms.Reeti Upadhyay a/w Mr.Rahul Agarwal i/b Agarwal and Dhanuka Legal, for the Applicant.

Mr.Kuleep S. Patil a/w Mr.D.V. Patil, for Respondent No.1-CBI. Ms.Sangeeta D. Shinde, APP, for Respondent No.2-State. by NILAM SANTOSH KAMBLE Date:

2025.02.21 17:14:11 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 18th FEBRUARY 2025 P.C:- .

By this Application, the Applicant is praying for relaxation of the bail conditions imposed by this Court. 2.

The learned counsel for the Applicant submits that, this Court (Coram : Bharati Dangre, J.) by order dated 11th August 2022 has released the Applicant on bail and has imposed the condition that, the Applicant shall report to Deputy Superintendent of Police, CBI, Bank Securities, Fraud Branch, N.S. Kamble page 1 of 3

once in every month on every first Saturday between 11.00 a.m. to 1.00 p.m. for a period of three months and thereafter, once in trimester on every Saturday between 11.00 a.m. to 1.00 p.m. 3.

It is contention of the learned counsel for the Applicant, that investigation is completed and Applicant has attended CBI, Bank Securities, Fraud Branch, office as directed. The Applicant is business man and he finding difficult to attend the CBI Office and requested to allow the Application. 4.

The learned counsel for CBI strongly objected for relaxation and modification of the Bail conditions on the ground that, the allegations against the Applicant are that, he and coaccused committed fraud of more than Rs.6 Crores. The Respondent want to check the whereabouts of Applicant, if condition is relaxed he may abscond. Hence, requested to reject the Application.

5.

I have heard both learned counsel. perused order passed by this Court.

6.

In present case investigation is completed and charge-sheet has filed against the Applicant. The Applicant has N.S. Kamble page 2 of 3

base in Mumbai.

7.

Considering these facts, I pass following order.

ORDER

(i) The Condition No.(d) imposed on the Applicant by this Court (Coram : Bharati Dangre, J.) by order dated 11th August 2022 is modified as under:- "The Applicant shall attend the CBI, Bank Securities, Fraud Branch, as and when required by the Investigating Officer."

(ii) The Application is allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3