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Bombay High CourtBA/1503/2025allowed

Raju Javaru Chauhan @ Gapal Chandak v. State Of Maharashtra

2025-04-21Hon'Ble Shri Justice Amit Borkar3 pages

Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1503 OF 2025 Raju Javaru Chauhan @ Gapal Chandak .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Mr. Gaurav Bhawnani, Advocate for Applicant  Mr. Sunny Jain a/w Mr. Sanjay Pandey & Mr. Abhishek Kolge for Intervenor - Original Complainant  Ms. Megha S. Bajoria, APP for Respondent - State  Mr. Rohan Bagade, API, EOW, Unit No. 13 ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 21, 2025 P. C.

:

1.

Heard Mr. Bhawnani, learned Advocate for Applicant, Ms. Bajoria, learned APP for Respondent - State and Mr. Jain, learned Advocate for Intervener - original complainant. 2.

Applicant stands indicted for the offences punishable under various Sections of IPC. He is arrested on 22.10.2024 and as on today he has been in incarceration for 5 months and 30 days. 3.

Case of the prosecution against the Applicant is that he is the person who introduced the first informant - complainant to the other accused persons and believing him the transaction was executed. Mr. Bhawnani would submit that neither Applicant is a beneficiary from the transaction in question nor he has received any amount from the

other co-accused persons under the said transaction. Prima facie the transaction is a pure commercial transaction pertaining to sale and purchase of clothes. One of the submission advanced by Mr. Bhawnani is that one of the other co-accused person who is attributed with an identical role as that of the present Applicant has been granted anticipatory bail by this Court upon consideration of his role in the alleged offence and therefore the present Applicant being similarly placed is also entitled to the same relief.

4.

At this juncture, Mr. Jain, learned Advocate appears for the first informant - complainant and would submit that he desires to intervene in the present Application. If the first informant - intervener desires to intervene, he can do so in accordance with law but not as a matter of right.

5.

If the first informant - intervener desires to file any proceedings, he can do so. Needless to state that if any such proceeding is filed, Court shall hear the same. However considering the request made by Mr. Jain, present Application is adjourned to 05.05.2025. 6.

Learned APP shall take instructions from the concerned Investigating Officer about precise role of the Applicant and on the veracity of the statement made by Mr. Bhawnani and accordingly apprise the Court on the next adjourned date.

7.

Stand over to 5th May, 2025.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.04.21 18:41:50 +0530 RAVINDRA MOHAN AMBERKAR