Gajanan Dagadu Bhat v. State Of Maharashtra

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 59 OF 2025 Gajanan Dagadu Bhat .. Applicant

Versus

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

 Mr. Prabhatkumar J. Dubey a/w. Ms. Aarti Yadav, Ms. Nikita A. Pandey and Aman Singh, Advocates for Applicant.  Ms. Sarita Yadav, APP for Respondent - State.  PSI Mr. Mahesh Khankar, Rabodi Police Station, Thane. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 10, 2025.

P.C.:

1.

Heard Mr. Dubey, learned Advocate for Applicant and Ms. Yadav, learned APP for Respondent - State. Perused the record. 2.

Applicant is a retired teacher. Incident dates back to the year 2019. He is apprehending arrest in the year 2024 - 2025 because he received notice under Section 41A of the Code of Criminal Procedure Code, 1973 in the year 2025 to cooperate with the investigation.

3.

First Information Report (FIR) is lodged on 12.08.2024. Role of Applicant is that he was introduced to the Complainant through a friend namely Ms. Mausamkar who in turn introduced the Complainant to prime accused Mr. Gokul Laxman Pardeshi for

enabling the Complainant's son who is a graduate to secure a job in the Government Department.

4.

Sometime in 2019 - 2020, there was an advertisement published for the post of 'Talathi' and the Applicant came across this advertisement and persuaded the Complainant to tell his son to apply for the said job. The son applied for the said job in accordance with law. However, since the Complainant was concerned about his son's job, he consulted the Applicant who was a retired teacher and the Applicant therefore introduced Mr. Pardeshi to the prime Accused stating that he will be in a position to help him. That is what is argued by Mr. Dubey to the extent of Applicant's role of introduction of Mr. Pardeshi to the Complainant. Complainant's case is that he gave an amount of Rs.2,00,000/- to Mr. Pardeshi. However it is alleged that this amount was given in the presence of Applicant. Applicant however denies the same stating that he has no nexus whatsoever with the concerned transaction in question.

5.

However, when the investigation was set into the motion pursuant to the filing of the FIR on 12.10.2024, Mr. Pardeshi has returned back the amount of Rs.2,00,000/- to the Complainant by Demand Draft. The said information was already given to the Investigating Officer and the Investigating Officer also confirms the same through the learned APP.

6.

Role of the Applicant is being investigated and therefore the Applicant received Section 41A notice. Undoubtedly criminal action has been set into motion by filing the FIR. Investigation will have to be undertaken and concluded to its logical end. Applicant will have to cooperate with the investigation and furnish all details. 7.

In my opinion, custodial interrogation of the Applicant is not necessary.

8.

In view of the facts of the case, interim protection is granted on the following terms and conditions:- (i) In the event of the arrest, Applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount;

(ii) Applicant shall report to the Investigating Officer of the concerned Police Station, once every month on the first Saturday of the month between 10:00 a.m. to 12:00 noon in the first instance for six months and thereafter as and when called for by the Investigating Officer alongwith the requisite information / documents; (iii) Applicant shall furnish particulars of his address and mobile number to the Investigating Officer within two days from today;

(iv) Applicant shall not misuse his liberty in any manner or influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence;

(v) It is directed that Applicant shall extend complete cooperate in the investigation of the instant case; and (vi) Any infraction of the conditions shall entail revocation of this order.

9.

Parties to act on a server copy of this order. 10.

Anticipatory Bail Application is allowed and disposed in view of the above terms.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.01.10 18:08:43 +0530 AJAY TRAMBAK UGALMUGALE