Yogesh Radheshyamji Patiye v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date: 2025.03.11 11:52:09 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 512 OF 2025 Yogesh Radheshyamji Patiye ..... Applicant

VERSUS

State of Maharashtra & Anr.

..... Respondents Mr.Nitin Gaware Patil a/w. Mr.Shrirang Katneshwarkar, Mr.Sandeep Gupta, Mr.Ravindra Khojre for the Applicant.

Mr.Ajay S. Patil, A.P.P. for the State.

Mr. Ganesh Singh for the Complainant/Intervener. CORAM : RAJESH S. PATIL, J.

DATE : 10th MARCH,2025 P.C. :- Mr.Singh, learned counsel appears for the first informant and submits that the first informant be added as a party respondent and the informant be heard. Liberty is granted to the applicant to add the first informant as respondent no.3. Amendment to be carried out forthwith.

2.

This application is filed for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No. 0721 dated 30th November, 2024 registered with Panvel City

2/4 Police Station, Navi Mumbai for the offences punishable under Sections 420, 406, 467, 468, 471 and 34 of the Indian Penal Code, 1860.

3.

The present applicant is the accused no.2 in the FIR bearing no. 0721. As regards applicant no.1, he was arrested and is granted regular bail by the Court of Sessions. In the order passed by the Court of Sessions, in paragraph nos. 7 and 8 it has been recorded that the first informant had given no objection to grant pre-arrest bail to the accused no.1, in view of the fact that a sum of Rs.50 lacs paid by him has been returned back by the accused no.1 to the first informant. It is also further recorded in the order of the Sessions Court that no purpose would be served by keeping the accused behind bar. 4.

By my last order dated 25th February, 2025, the present applicant/accused no.2 was directed to attend the concerned police station and co-operate with the Investigating Officer (I.O.). The learned A.P.P. submits that the I.O. is not present in the Court, he is in Court Room No.27. On behalf of the applicant, it is submitted that the applicant has co-operated with the police and has attended the office of the I.O. on five days. So also, the specimen signature of the

3/4 applicant was handed over to the I.O. The learned A.P.P. disputes this fact about handing over the specimen signature by the present applicant.

5.

According to me, suffice will be the purpose if the applicant is directed to attend the office of the I.O. one more time and handover his specimen signature.

6.

In that view of the matter, the present anticipatory bail application is allowed. Hence, the following order :-

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with with FIR No. 0721 dated 30th November, 2024 registered with Panvel City Police Station, Navi Mumbai for the offences punishable under Sections 420, 406, 467, 468, 471 and 34 of the Indian Penal Code, 1860, the applicant shall be released on bail, on furnishing P.R. bonds to the extent of Rs.30,000/- with two or more sureties of the like amount.

4/4 (c) The applicant shall co-operate with the investigation and attend the Investigating Officer of the concerned Police Station on 18th March, 2025 between 11:00 a.m. to 1:00 p.m. in order to handover his specimen signature to the concerned I.O. and thereafter as and when called by the I.O.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

(e) The applicant shall furnish details of his residential addresses, contact numbers and e-mail addresses to the Investigating Officer.

7.

The anticipatory bail application is disposed of. [RAJESH S. PATIL, J.]