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Bombay High CourtABA/896/2025allowed

Abhinav Ajit Singh v. The State Of Maharashtra

2025-08-01Hon'Ble Shri Justice Milind N. Jadhav6 pages

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.896 OF 2025 Abhinav Ajit Singh .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents ....................

 Mr. Vijay Jha, Advocate i/by Law Juris for Applicant.  Dr. Ashwini A. Takalkar, APP for Respondent No.1 - the State of Maharashtra.

 Mr. R. M. Haridas a/w. Mr. Somnath Thengal, Advocate for Respondent No.2.

 P.I. - Anil Gaikwad, Kalwa Police Station.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 01, 2025 P.C.

:

1.

Heard Mr. Jha, learned Advocate for Applicant; Dr. Takalkar, learned APP for Respondent No.1 and Mr. Haridas, learned Advocate for Respondent No.2.

2.

Mr. Jha informs the Court that request made by First Informant in praecipe dated 29.07.2025 is agreeable and First Informant shall be joined as Respondent No.2 in the present Anticipatory Bail Application. Necessary amendment is permitted to be carried out forthwith in presence of the Court. Mr. Jha is directed to carry out amendment. Re-verification stands dispensed with. First Informant is impleaded as Respondent No.2 in the present Anticipatory Bail Application.

3.

On merits of the matter, this Court (Coram: Rajesh S. Patil, J.) passed common order dated 03.04.2025 in Anticipatory Bail Application No.751 of 2025 alongwith Anticipatory Bail Application No.896 of 2025 as follows:- "Ms.Mishra, the learned counsel appearing for the applicant submits that the applicant has deposited a sum of Rs.2 lacs in this Court. She submits that a further sum of Rs.1 lac would be deposited by the applicant by the end of April 2025.

2.

The learned A.P.P. submits that the first informant is present in Court and she is requesting to appoint advocate from the Legal Aid. 3.

The applicant is permitted to deposit further sum of Rs.1 lac in this Court by end of April 2025.

4.

Advocate Mr.Rajendra Hardas, practicing in this Court is appointed as an advocate to appear on behalf of the first informant. The learned A.P.P. to serve copy of these proceedings to the advocate Mr.Hardas.

5.

Stand over to 6th May, 2025. Matter to come up under the caption of 'Directions'. To be heard alongwith Anticipatory Bail Application No. 896 of 2025.

6. Ad-interim relief granted earlier to continue till the next date of the hearing."

4.

On 06.05.2025, this Court (Coram: Rajesh S. Patil, J.) has passed following in the present Anticipatory Bail Application:- "1.

The learned advocate for the applicant in Anticipatory Bail Application No. 751 of 2025 submits that the applicant will deposit a sum of 1,00,000/- on or before 20 June 2025. It is submitted that the applicant's festival falls on 7 June 2025, and hence, he requires ₹ some additional time to make the necessary financial arrangements. Accordingly, the applicant is permitted to deposit the said amount by 20 June 2025.

2.

If the applicant deposits the sum of 1,00,000/- by 20 June 2025, it shall be treated as part of the total deposit of 4,00,000/- ₹ made by the applicant in this Court.

₹ 3.

Mr. Hardas, the learned advocate for Respondent No. 2, seeks

permission to withdraw the sum of 2,17,000/-, which was deposited₹ by the applicant in Anticipatory Bail Application No. 896 of 2025 pursuant to the order dated 8 April 2025. The applicant in that matter had agreed to deposit the said amount and had also expressed that he had no objection if the first informant desired to withdraw the same.

4.

In view of the statement made by the applicant in Anticipatory Bail Application No. 896 of 2025, Respondent No. 2 is permitted to withdraw the sum of 2,17,000/- along with the accrued interest from this Court.

₹ 5.

Stand over to 25 June 2025 under the caption "For Directions". 6.

In the meanwhile, no coercive steps shall be taken in respect of both Anticipatory Bail Application No. 896 of 2025 and Anticipatory Bail Application No. 751 of 2025 until further orders. 7.

All parties to act upon an authenticated copy of this order." 5.

Both orders stand complied with by Applicant before me. In so far as present Anticipatory Bail Application pertaining to Accused - Abhinav Ajit Singh is concerned, Mr. Jha would submit that Applicant has admitted to having received amount of Rs.2,17,000/- out of the alleged amount of Rs.4,00,000/- stated in the FIR. He would submit that the agreed amount has been deposited in this Court pursuant to directions contained in the above orders to show the Applicant's bonafides.

6.

He would submit that request made by Mr. Haridas, learned appointed Advocate on behalf of First Informant - Respondent No.2 seeking withdrawal of the deposited amount of Rs.2,17,000/- alongwith accrued interest thereon is not objected to by the Applicant. However he would persuade the Court to determine the present Anticipatory Bail Application in view of the bonafides being shown by

the Applicant.

7.

I have heard Dr. Takalkar, learned APP for Respondent No.1. She would submit that there is an additional amount which according the First Informant was also deposited by her with Applicant. However, in view of what is stated in the aforesaid two orders passed by this Court, the same can be proved at the adjudication of the trial. 8.

Since the aforestated orders have been complied with, I am inclined to grant Anticipatory Bail to the Applicant and pass order for allowing the First Informant to withdraw the deposited amount as per the request made by her Advocate Mr. Haridas. Hence, the following order:- (i) In the event of arrest in C.R. No.157 of 2025, Applicant is directed to be enlarged on bail on executing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

(ii) Applicant shall report to the Investigating Officer (IO) at the concerned Police Station initially for one month on every Monday between 10:00 a.m. and 12:00 noon and thereafter as and when called for by the IO for investigation. Applicant shall extend complete cooperation and give all disclosures in the investigation of the case to the IO;

(iii) Applicant shall inform his latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Investigating Officer of the concerned Police Station; (iv) Applicant shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case;

(v) Any infraction of the above conditions shall entail cancellation of this order.

9.

Registry of this Court shall permit First Informant - Complainant - Khushbu Ravishankar Gupta to withdraw the amount of Rs.2,17,000/- alongwith all accrued interest thereon. Mr. Haridas, learned appointed Advocate on behalf of First Informant - Respondent No.2 would inform the Court that details of the bank account of First Informant have already been submitted in the Registry of this Court. 10.

The Registry shall take immediate cognizance of the same and on the basis of a server copy of this order ensure that the said amount of Rs.2,17,000/- deposited by First Informant to which Mr. Jha records his no objection is transferred to the Bank account of First Informant alongwith all accrued interest thereon within a period of one week from today. If any Fixed Deposit is required to be liquidated, the same shall be done forthwith.

11.

With the above directions, Anticipatory Bail Application is allowed and disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.08.02 13:12:22 +0530 HARSHADA HANUMANT SAWANT