Allowed

Abhay Mithilesh Dubey and Anr. v. the State of Maharashtra

Bombay HC24 Aug 2021ABA/687/2021

Case brief

AI extract

What is this about?

This High Court of Bombay allowed a pre-arrest bail application filed by two accused persons in a cheating case. The court noted the deposit of money by the applicants and the potential quashing of a civil suit, granting bail subject to standard conditions.

What did the court decide?

Released on bail on executing P.R. bond for Rs. 20,000/- each with sureties, subject to reporting to IO and not tampering with evidence.

Abhay Mithilesh Dubey and Anr. Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2021)

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A BA -687-2021 (S R.35)
24A ugust,2021

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Rane

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 IN THE HIG H C O U RT O F JU D IC A TU RE A T BO M B A Y

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C RIM INA L A PPELLA TE JU RIS D IC TIO N

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 A NTIC IPA TO RY BA IL A PPLIC A TIO N NO . 687/2021

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A bhay M ithilesh D ubey and anr......A pplicants
V /s.
The S tate of M aharashtra ....Respondent

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* * * *

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M r. V inayak R. Patil, A dvocate for the applicants.

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M s. Kom al S inha, A dvocate appointed by the Legal A id
C om m ittee.

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M r. H.J. D edhia, A PP for S tate.

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C O RA M : S A ND EEP K. S HIND E, J.

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Tuesday, 24^th A ugust, 2021.

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P.C . :

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1. Heard learned C ounsel for the applicant and learned
A PP for S tate and C ounsel appointed for the com plainant.

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2. Prosecution case in brief is that, the applicant had
agreed to construct and sell a room in a C haw l to the
com plainant for consideration of Rs.6,50,000/-. M ay be for
som e reasons, applicants could not construct the C haw l.
Resultantly, they could not handover the possession of the
Room s in the C haw l. O n the backdrop of these facts,
com plainant lodged the FIR w hereby C rim e 506/2020 cam e to

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2/3 A BA -687-2021 (S R.35)
24A ugust,2021

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be registered against the applicants for the offences
punishable under S ections 420, 504 and 506 of the Indian Penal
C ode. A pplicants are seeking pre-arrest bail in this crim e. This
C ourt, vide order dated 5th July, 2021 recorded applicant’s
w illingness to deposit Rs.6,50,000/- in the trial C ourt alongw ith
interest Rs.1,50,000/-. A pplicants have deposited
Rs.8,00,000/-. The applicants have no objection, if the
com plainant w ithdraw s Rs.8,00,000/-. In consideration of
these facts, in m y view , the custodial interrogation of the
applicants m ay not further the prosecution’s case. Be that as
it m ay, learned C ounsel appearing for the com plainant, on
instructions, subm its that com plainant has filed a suit against
the applicants for appropriate relief and it is pending for
adjudication.

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3. For the reasons aforesaid, in m y view , the applicants
have m ade out for granting pre-arrest bail. Hence, the follow ing
order :

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O R D E R

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(i) In the event of arrest of the applicants in C rim e
No.506/2020 registered at Naya Nagar Police S tation,
Bhayender (East), they shall be released on bail on
executing P.R. bond for the sum of Rs.20,000/-
(Rs.Tw enty Thousand only) each w ith one or m ore
sureties in the like sum .

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A BA -687-2021 (S R.35)
24A ugust,2021

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Rane

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(ii) The applicants shall report to the Investigating
O fficer as and w hen required and co-operate in the
investigation.

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(iii) The applicants shall furnish their perm anent
residential address and contact num ber to the
Investigating O fficer forthw ith.

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(iv) The applicants shall not tam per w ith the evidence
or attem pt to influence or contact the com plainant,
w itnesses or any person concerned w ith the case.

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4. The application is accordingly allow ed and disposed

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off.

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5. It is m ade clear that, observations m ade
hereinabove, shall be construed as expression of opinion for
the purpose of granting bail only and the sam e shall not, in any
w ay, influence the trial in other proceedings.

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Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2021.08.24 18:28:07 +0530

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(S A ND EEP K. S HIND E, J.)

Abhay Mithilesh Dubey and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Abhay Mithilesh Dubey and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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