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Bombay High CourtABA/323/2025allowed

Vaishali Amol Mohod v. The State Of Maharashtra, Thr. Pso, Ps, Walgaon, Amravati, Tah. And Dist. Amravati

2025-06-12Hon'Ble Justice Urmila Joshi Phalke4 pages

2025:BHC-NAG:5476 1 918.ABA.323-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 323 OF 2025 ( Vaishali Amol Mohod Vs.

State of Maharashtra, Thr. PSO. PS. Walgaon, Amravati ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.R. Ingole, Advocate for the Applicant.

Ms. Sneha Dhote, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 12th JUNE, 2025 1.

Heard.

2.

Apprehending the arrest at the hands of Police in connection with Crime No.95/2025 registered with Police Station Walgaon, Amravati City for the offences punishable under Sections 409, 420 read with Section 34 of the Indian Penal Code, the Applicant approached to this Court for grant of pre arrest bail.

3.

The crime registered on the basis of the written report lodged by Drushti Development and Communication Limited through its Cluster Manager Shri Manoj Prabhakarro Barde. As per the allegation, Drushti Development and Communication Limited entered into an agreement with the State Bank of India. The main purpose of the said agreement was to provide services to the consumers and customers of

2 918.ABA.323-2025.odt the State Bank of India and to promote banking services, and therefore, various customer service centers at rural areas were established by appointing the Directors. The present Applicant is one of the owner of the said service center and she was operating her center through the Agricultural Development Branch located at Cotton Market of State Bank of India. The Applicant is required to provide services to various consumers thereby holding them to deposit and withdraw the amount and also to transfer the amount from other accounts. The other co-accused were also working there. As per the allegations, several customers have complained that their signatures and thumb impressions were obtained by the co-accused, their Adhar Cards were not linked with the accounts and thereafter the amount which is deposited by them is withdrawn and thereby they were duped by misappropriating the amount of Rs. 12 Lakhs. On the basis of said report Police had registered the crime against the present Applicant as well as the other co-accused.

4.

Heard Learned Counsel for the Applicant, who submitted that, the entire allegations are levelled against the co-accused and none of the witnesses have stated that the present Applicant has obtained signature or thumb impression and received daily pecuniary benefits from the said transaction. Thus, the custodial interrogation of the present Applicant, is not required. In view of that, she be protected by granting anticipatory bail.

5.

Learned APP for the Non-applicant/State, strongly opposed the said Application and submitted that various customers were duped by withdrawing the amount which

3 918.ABA.323-2025.odt they have deposited in their bank accounts, and therefore, the custodial interrogation of the present Applicant is required. 6.

On hearing both the sides and on perusal of the investigation papers, it reveals that Investigating Officer has recorded the statement of various witnesses from which it reveals that it was the co-accused who had obtained their thumb impressions and signatures and actually not deposited the amount and the said amount was misappropriated by him. Thus, considering the statement of consumers, as far the present Applicant is concerned except being the owner of the said service center, there is no other role attributed to her. Considering the same, the prayer for grant of anticipatory bail deserves to be allowed. Accordingly, I proceed to pass the following order:

O R D E R

i.

The Application is allowed.

ii.

In the event of the arrest, the Applicant - Vaishali Amol Mohod in connection with Crime No.95/2025 registered with Police Station Walgaon, Amravati City for the offences punishable under Sections 409, 420 read with Section 34 of the Indian Penal Code, be released on anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

4 918.ABA.323-2025.odt iii.

The Applicant shall attend the concerned Police Station once in a week i.e. on every Tuesday between 10.00 a.m. and 01.00 p.m. and shall cooperate with the investigating agency.

iv.

The Applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

7.

Pending application/s, if any, shall stand disposed of accordingly.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 16/06/2025 10:34:27