Sandeep Ramkrishna Arora @ Karan Arora v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.510/2025 SANDEEP RAMKRISHNA ARORA @ KARAN ARORA ...APPLICANT VS THE STATE OF MAHARASHTRA ...RESPONDENT ...
Adv. Rishikesh Y. Dube a/w R. Rajesh for the Applicant. Adv. Anand S. Shalgaonkar, APP for the State. ...
CORAM
: RAJESH S. PATIL, J.
DATED : MARCH 25, 2025 P.C.:
1.
The applicant is seeking pre-arrest bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with C. R. No.826/2024 registered with MIDC Police Station, Mumbai for the offences punishable under Sections 352 and 118(1) of Bharatiya Nyaya Sanhita, 2023.
2.
The learned counsel for the applicant submits that the applicant and the first informant are well acquainted with each other. The first informant desired to sale of his bungalow at Andheri. Initially a payment of Rs. 17 lakhs was made by the applicant to the first informant and on that basis, the applicant was allowed to used one of the rooms of the said bungalow. After the applicant started using one of
the rooms of the said bungalow he had shifted with certain documents including his passport. On the unfortunate day, when the applicant and the first informant had met at around 1.00 am in pub called as "Tap" there were certain alteration between them which ultimately went physical. The first informant was hurt so also the applicant was hurt. Thereafter the applicant approached the nearest police station being the Bangur Nagar Police Station at night around 2.30 am. However, the applicant tendered a copy of the complaint but an acknowledge was not obtained since there was no officer in the Bangur Nagar Police Station to give him acknowledgement. The applicant thereafter realized that the first informant lodge FIR at MIDC Police Station, Andheri. Pursuant to the FIR being lodged against the present applicant, the applicant moved a pre-arrest bail application before the Sessions Court. However, the said pre-arrest bail application was rejected by the Sessions Court. Therefore, the present anticipatory bail application has been filed. 3.
He further submits that as of today, a sum of Rs. 17 lakhs of the applicant are lying with the first informant. So also, valuable documents like passport and other documents of the applicant are lying into the premises of the first informant. As of date, no civil proceeding has been filed by the applicant for seeking specific performance or for seeking return of his documents or for refund of his amount along with interest. He submits that the custody of the present applicant is not at
all necessary for investigation to be completed. 4.
The learned APP tendered a copy of the medical certificate of the injuries sustained by the first informant. The said medical certificate shows the injuries as simple. He submits that there is no antecedent reported against the present applicant and the applicant has to co-operate with the concerned investigating officer in order to complete the investigation.
5.
Considering the contents of the FIR and the documents referred by the both the sides, the applicant is directed to add the first informant as party respondent no. 2. Amendment to be carried out forthwith. If the amendment is not carried out forthwith, the anticipatory bail application will stand dismissed without further reference to this Court.
6.
APP to serve a copy of the anticipatory bail application upon the newly added respondent no.2 through the investigating officer.
7.
Stand over to 7 April 2025 under the caption "for urgent circulation."
8.
In the meanwhile, no coercive steps be taken against the applicant.
(RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 26/03/2025 20:08:43