Sanjay Kumar Lalji Shukla v. State Of Maharashtra And ANR

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. 199 OF 2025 Sanjay Kumar Lalji Shukla .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents ....................

 Mr. M.P. Mishra, Advocate for Applicant.

 Ms. Savita M. Yadav, APP for Respondent No.1 - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 22, 2025.

P.C.:

1.

Heard Mr. Mishra, learned Advocate for Applicant and Ms. Yadav, learned APP for Respondent No.1 - State. 2.

This is an Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Anticipatory Bail in connection with C.R.No.1067 of 2024 registered with CSMT Railway Police Station for the offences punishable under Sections 318(4), 336(2), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

Mr. Mishra would submit that Applicant is a Railway employee working as a Technician Grade-III at Virar Carshed alongwith co-accused Rohit @ Amit Singh. Charge against the Applicant and co-accused is that they have impersonated the Railway RPF Department, addressed e-mails by misusing the official e-mail ID

of IG RPF Central Railway (emphasis supplied) and issued various forged and fabricated documents to 18 persons and have received substantial amounts from them. Save and except the aforesaid charge, there is nothing which is otherwise gathered from the First Information Report (FIR).

4.

On record is the copy of FIR only and copy of the order of the Sessions Court rejecting the Anticipatory Bail Application. It shows that investigation has been conducted by the First Informant to arrive at the aforesaid conclusion. That investigation will have to be shared with the Investigating Officer in the present case by the First Informant. Unless it is placed before the Court, this Court will not be in a position to determine the present Anticipatory Bail Application. 5.

Ms. Yadav, learned APP is directed to inform the concerned Investigating Officer to conduct the investigation in a proper manner and prepare a detailed report alongwith all details of the persons who have been duped according to the Complainant alongwith all documentary evidence.

6.

In the present case, it appears that Complainant being a RPF Officer has conducted investigation on his own. Merely from what is narrated in the FIR, I am not in a position to come to any conclusion at present. There is also reference to other Railway employees who are involved namely one Aniket Salve who is working as a Railway Guard

at Igatpuri which is on the Central Railway and another person called Atul Tayde who is working as a Guard on the Suburban Railway who have been instrumental in helping the Accused in the present crime. Reference is also made to the monies which are received from some of the persons but no details are placed before me. 7.

Investigating Officer is directed to place a detailed report before this Court on the next adjourned date. 8.

In the meanwhile, it is clarified that only until the next date Applicant shall not be arrested.

9.

However, Applicant will have to attend the concerned Investigating Officer everyday between 10:00 a.m. to 05:00 p.m. and give all such necessary information to the Investigating Officer to enable him to prepare his report and place it before the Court. 10.

Investigating Officer shall initially call the First Informant and obtain all details from him and thereafter confront the Applicant with the same and prepare the report and place it before the Court on the next date.

11.

Stand over to 05th February 2025.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.01.22 19:53:06 +0530 AJAY TRAMBAK UGALMUGALE