Vinodkumar Nirmal Sharma @ Sandeep Sharma v. The State Of Maharashtra
2025:BHC-AS:20381
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1073/2025 VINODKUMAR NIRMAL SHARMA @ SANDEEP SHARMA ...APPLICANT VS THE STATE OF MAHARASHTRA ...RESPONDENT ...
Adv. Anmol Bartaria a/w Sagar Deb, Mohak Bartaria i/b Anmol Bartaria for the Applicant.
Adv. Supriya Kak, APP for the Respondent State. PSI Kishor Kharat, Sahar Police Station Mumbai. ...
CORAM
: RAJESH S. PATIL, J.
DATED : MAY 5, 2025 P.C.:
1.
This is an application filed by the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting anticipatory bail in connection with Crime No. 29/2025, registered with Sahar Police Station for the offences punishable under Sections 336(2), 336(3), 340(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023. 2.
The learned counsel for the applicant submits that the applicant is working as a manager with a Travel Agent Company namely Ratna International which also does the work of issuance of visa. He submitted that in last 25 years there is no complaint filed against the present applicant. He submitted that a sum of Rs. 30,000/- was paid by
the victim for the purpose of arranging a work visa for Sharjah (UAE). However, the arrangement for work visa could not be done. He submits that the applicant is ready to refund the said amount of Rs. 30,000/- to the victim or else deposit the same in this Court. The applicant is ready to co-operate with the police. Therefore, the custody of the present applicant would not be necessary.
3.
The learned APP submits that the investigation is till in process and it will be necessary to find out whether there are other persons involved in the present crime. She submits that while the statements of the co-accused were recorded, the name of the present applicant was revealed. Therefore, the custody fo the present applicant is necessary.
4.
I have heard counsel for both the sides and have gone through the documents on record including the FIR. 5.
Considering the documents on record and the submissions made before me and the fact that the applicant is ready to refund/deposit sum of Rs. 30,000/- which was received from the victim and also considering the fact that there are no criminal antecedents against the applicant and the applicant is resident of Mumbai and staying in Mumbai along with his family members, suffice would be the purpose, as of now, if the applicant is directed to deposit a sum of
Rs.30,000/- in this Court and also to co-operate with the investigation. Hence, I pass the following order.
ORDER
(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with Crime No. 29/2025 registered with Sahar Police Station, the applicant shall be released on bail, on 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 and meet the investigating officer on 13 May 2025 and 14 May 2025 between 11.00 a.m. to 1.00 p.m., and thereafter as and when called for.
(d) The applicant shall deposit a sum of Rs.30,000/- within a period of two weeks from today in the Registry of this Court, without prejudice to the rights and contentions of the parties.
(e) 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 further, the applicant shall not tamper with the evidence in any manner whatsoever.
(f) The applicant shall furnish details of his residential
addresses, contact numbers and e-mail addresses to the investigating officer.
6.
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 clarified that the observations made in this order are limited to the question of grant of anticipatory bail to the applicant in the present application, and that the trial Court shall proceed further, without being influenced by the observations made in this order. 7.
The anticipatory bail application is disposed off. (RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 06/05/2025 10:19:07