Aniket S/O Kishor Uttarwar v. The State Of Maharashtra, Thr. Pso, Ps, Pusad City, Dist. Yavatmal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.
OF 2025 Aniket s/o Kishor Uttarwar Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.C. Jaltare, counsel with Mr. Y.P. Bage, counsel for applicant. Mr. N.B. Jawade, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 26/06/2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No. 233 of 2025 registered with Police Station Pusad City, District Yavatmal for the offence punishable under Section 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.
2.
Heard learned counsel for the applicant, who submitted that the proprietor of Saanvi Electrical Vehicle has already been granted protection by this Court, and the applicant, being the Sales Manager of Ecofy Finance Limited, seeks similar consideration. It is alleged that he has shown the prices of the essentials and by increasing the same, disbursed the loan amount, and thereby cheated to the tune of Rs. 34,24,692/-.
He submitted that, as far as present applicant is concerned, his role is limited. He is not the authority to sanction the loan, and the proprietor of Saanvi Electrical
Vehicle is already protected by this Court. Considering the same, the applicant be protected by granting ad-interim protection.
3.
Learned APP strongly opposed the said application and submitted that, by showing the rates of the vehicles on the higher side, loans were obtained and the finance company is duped by the present applicant. In view of that, his custodial interrogation is required.
4.
On hearing both sides and on perusal of the recitals of the FIR, at this stage, it reveals that immediate custodial interrogation of the present applicant is not required, and the other co-accused is already protected by this Court, as far as the interrogation part is concerned, which can be taken care of by imposing certain conditions on the present applicant. In view of that, I proceed to pass the following order.
a] Issue notice to the non-applicant.
b] Learned Additional Public Prosecutor waives service of notice on behalf of non-applicant/State and seeks time to file reply.
c] In the event of arrest in connection with Crime No. 233 of 2025 registered with Police Station Pusad City, District Yavatmal, for the offence punishable under Sections 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, the
applicant, Aniket s/o Kishor Uttarwar, shall be released on ad-interim protection on executing P.R.Bond of Rs. 25,000/- with one solvent surety in the like amount.
d] The applicant shall attend the concerned police station once in a week on Monday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the Investigating Agency.
e] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
5.
Stand over after two weeks.
[URMILA JOSHI-PHALKE, J.]