Single judge granted anticipatory bail to the applicant in an FIR for cheating and criminal breach of trust. Bail was granted subject to a bond of Rs. 25,000 and specific undertakings.
Application allowed; applicant released on bail on furnishing a P.R. Bond of Rs. 25,000 with one or more sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Diksha Rane 901. ABA 223-23.doc
Digitally signed by DIKSHA DIKSHA DINESH DINESH RANE RANE Date: 2023.02.03 14:35:17 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.223/2023
YASH ANIL NIRMAL ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT
Adv. D. P. Kamath i/b. Adv. Manish Singh for the applicant. Ms. A. A. Takalkar, APP for State. HC S. S. Shejwal, Kapurbavadi Police Station, Thane City.
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 2, 2023.
P.C. :
1. Heard learned counsel for the applicant and learned APP.
2. This is an application for pre-arrest bail in respect of First Information Report (FIR) No. 0149/2022 registered on May 8, 2022 with Kapurbavadi Police Station, under Sections 406, 420 of the Indian Penal Code, 1860 (hereafter “the IPC”, for short) read with Sections 66(C) and 66(D) of the Information and Technology Act, 2000.
3. Briefly stated, it is the case of the complainant that he wanted to purchase the air conditioners at a cheaper rate. The applicant promised him that 15 air conditioners will be
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Diksha Rane 901. ABA 223-23.doc
supplied at the cheaper rate. Accordingly, a sum of Rs.3,56,000/- was deposited by the complainant with the applicant as an advance for the supply of the same. The applicant did not supply the air conditioners, hence the complaint.
4. Learned counsel for the applicant, in instructions, submits that the applicant is willing to co-operate with the investigation and to show his bonafides ready to deposit the entire amount with the jurisdictional Magistrate. Learned counsel further submits that 50% of the amount of Rs.3,56,000/- will be deposited within a period four weeks from today and the balance amount will be deposited within a period of eight weeks from today. Statement is accepted as an undertaking to this Court.
5. In this view of the matter, considering the statement made and having regard to the accusations, the custodial interrogation of the applicant is not required. There are no criminal antecedents reported against the applicant. Hence the application deserves to be allowed by passing the following order.
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Diksha Rane 901. ABA 223-23.doc
O R D E R
(c) The applicant shall report to the concerned police station on 6th , 7th and 8th February, 2023, between 11.00 a.m. and 1.00 p.m. and thereafter, as and when called.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Ofocer and shall not tamper with evidence.
(e) The applicant shall furnish the details of his residential address and phone numbers to the investigating ofocer.
(f) The applicant to abide by the statement made before this Court.
6. The application is disposed of.
(M. S. KARNIK, J.)
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1 issue framed by the court
Whether the application for anticipatory bail should be allowed given the applicant's willingness to cooperate and deposit the advanced amount.
YASH ANIL NIRMAL
THE STATE OF MAHARASHTRA
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
