Summit S/O Subhash Rao Ingale v. The State Of Maharashtra, Thr. Pso, Darwha, Dist. Yavatmal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 552 OF 2025 Mr. Summit s/o Subhash Rao Ingale 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.A. Mardikar, counsel for applicant.
Mr. N.R.Rode, APP for non-applicant/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 25/07/2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No. 139/2025 registered at Police Station Darwha, District Yavatmal for the offence punishable under Sections 3(5), 316(5) of Bhartiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of ad-interim anticipatory bail.
2.
Heard learned counsel for the applicant, who submitted that the applicant was serving as a Manager in Macro Finance Company. The crime was registered on the basis of a report lodged by Suraj Atmaramji Khotele, on an allegation that the agents of the said company collected the money towards the investment from various investors and did not deposit the same, and thereby they were duped by the said agents. He then demanded payment from the company, but the company did not pay him, and the deposited money
was misappropriated. He further submitted that as far as the present applicant is concerned, he had resigned as early as May 2024, and the allegations are against the agents, not the present applicant. Thus, considering the fact, the custodial interrogation of the present applicant is not required. In view of that, he be protected by granting ad-interim protection.
3.
Learned APP strongly opposed the said application and submitted that various investors are duped by the agents as well as the company, and being the manager of the said company, the present applicant is responsible for the misappropriation. In view of that, the prayer of the protection deserves to be rejected. 4.
On hearing both sides and on perusal of the recitals of the FIR, as far as the present applicant is concerned, who was initially working as a manager, but at the time of filing of the report, he was not in service. Moreover, the allegation is not against him, but the allegations are against the agents, who have not deposited the amount. Thus, considering the role attributed to the present applicant, his immediate custodial interrogation is not required, in view of that, prayer for grant of ad-interim protection deserves to be allowed. Accordingly, I proceed to pass the following order.
ORDER
a] In the event of arrest in connection with Crime No. 139/2025 registered at Police Station Darwha, District Yavatmal for the offence punishable under Sections 3(5), 316(5) of Bhartiya Nyaya Sanhita, 2023, the applicant - Summit s/o Subhash Rao Ingale, shall be released on ad-interim anticipatory bail, on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.
b] 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.
c] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.
d] Issue notice to the non-applicant, returnable after two weeks.
e] Learned Additional Public Prosecutor waives service of notice on behalf of non-applicant/State and seeks time to file reply.
[URMILA JOSHI-PHALKE, J.]