Prajakt Bhalchandra Potdar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.501 OF 2025 Prajkt Bhalchandra Potdar ...Applicant
Versus
State of Maharashtra & Anr
...Respondents
____________________________________ Mr. Sanjeev Kadam a/w. Ms. Varsha T. i/b. Sandesh More, Devidas Bhoir, Advocate for the applicant.
Ms. Pallavi N. Dabholkar, APP for the State.
Mr.Devvrat Singh, Advocate for respondent no.2. Mr. Bhandare, PSI Baramati Police Station present. Rajan Dattaji Marathe, Nachiket Dinanath Salvi, Prajakt Bhalchandra Potdar, Parterns of Chaturthi Developers present. ____________________________________
CORAM
: RAJESH S. PATIL, J.
DATED : 2 MAY 2025 P.C.:
1.
The present Application is filed by the Applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [corresponding Section 438 of Cr.P.C], for anticipatory bail in connection with C.R. No.93 of 2025, dated 24 January 2025, registered with District Manpada Police Station, Dombivali, under Sections 420, 466, 467, 468, 471 of the Indian Penal Code.
2.
The Applicant as well as Respondent No.2 have entered into consent terms dated 30 April 2025. The consent terms signed by these parties is taken on record and marked "X" for identification. Mr. Sanjeev Kadam, Senior and Mr. Devvrat Singh, the learned Advocate for parties state that their clients have signed in their presence and they identify their signatures. Both state that they have explained to the signatories and the signatories have signed the consent terms after understanding the contents. For ease of reference the consent terms are scanned and reproduced herein below :-
3.
All statements made in consent terms are accepted as undertaking given to this Court. All undertakings / Statements are also accepted.
4.
This is not a forum where the civil disputes between parties are settled. But since, the parties have tendered Consent Terms voluntarily entered into between them, the same is taken on record. In such a situation, according to me, a case is made out for granting Anticipatory Bail Application to the applicant.
ORDER
(a) The anticipatory bail application is partly allowed. (b) In the event of arrest of the Applicant, C.R. No.93 of 2025, dated 24 January 2025, registered with District Manpada Police Station Dombivali, under Sections 420, 466, 467, 468, 471 of the Indian Penal Code., the Applicant shall be released on bail furnishing P.R. bond to the extent of Rs.30,000/- with one or more sureties of the like amount.
(c) The Applicant shall co-operate with the investigation and attend the investigating officer of the concerned police station in the every week on Tuesday's between 11:00 a.m. to 01.00 p.m., till
the filing of the charge-sheet.
(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to victim and to any person acquainted with facts of case so as to dissuade him/her from disclosing the facts to Court or any Police Officer and should not tamper with evidence.
(e) The Applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.
(f) The Applicant and his surety shall provide his respective mobile numbers, e-mail address and documents pertaining to the place of residence.
5.
Needless to say, violation of any of the aforesaid conditions would make the applicant liable to face proceedings for cancellation of anticipatory bail. It is also clarified that the observations made in this order are limited to the question of grant of anticipatory bail to the applicants in the present application and that the trial Court shall proceed further, without being influenced by the observations made in this order.
(RAJESH S. PATIL, J.)