Disposed

Dilipkumar Narayan Dubey v. Union Territory of Dadra and Nagar Haveli and Daman and Diu

Bombay HC4 Sept 2024ABA/2280/2024

Case brief

AI extract

What is this about?

Employee accused with others of taking payments without supplying goods sought anticipatory bail under FIR at Police Station Naroli. Court granted interim protection: release on PR bond of Rs 50,000 if arrested, subject to attendance before Investigating Officer, cooperation, and no tampering.

What did the court decide?

Interim anticipatory bail: release on PR bond Rs 50,000 if arrested; conditions of cooperation and presence before IO; further hearing 11.10.2024.

Dilipkumar Narayan Dubey vs Union Territory of Dadra and… — Anticipatory Bail | Bombay HC (2024)

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513.ABA.2280.2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 2280 OF 2024

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Dilipkumar Narayan Dubey

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...Applicant

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Versus

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Union Territory of Dadra and Nagar Haveli and Daman and Diu & Anr.

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...Respondents

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 Mr. Virendra V. Pethe, for Applicant.

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 Mr. Harsh Dedhia h/f Mr. Venegaonkar, for Respondent No.1

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BIPIN DHARMENDER PRITHIANI

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Digitally signed by BIPIN DHARMENDER PRITHIANI Date: 2024.09.09 19:59:38 +0530

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 Mr. Mayur S. Sonavane, APP for Respondent No.2.

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CORAM : MANISH PITALE, J. DATE : 09^th SEPTEMBER, 2024.

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P. C. :

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Heard learned counsel for the applicant and learned counsel appearing for contesting respondent No.1.

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The FIR in the present case is registered against the accused persons, including the applicant on the allegation that while payments were made by the complainant – company, correspondingly goods were not supplied and in the said conspiracy the applicant as an employee of the complainant – company was involved.

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It is submitted that the applicant has been an employee of the company for about 28 years and he was recently promoted in February, 2024 as Clerk in the office of the complainant – company. It is submitted that the applicant is not involved in the present case and that he had cooperated with

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Shrikant Malani

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513.ABA.2280.2024.doc

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the Investigating Authority, but for the fact that he suffered from ill-health. It is submitted that the applicant is ready to remain present before the Investigating Officer.

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The learned counsel for respondent No.1 submits that the applicant could not remain present because of ill-health and he was admitted in hospital for a few days. But, thereafter when notice under Section 41(A) was issued, the applicant did not respond positively.

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Considering the fact that the nature of allegations in the present case would involve documentary material, so long as the applicant is ready to cooperate with the investigation and remains present before the Investigating Officer, interim relief can be granted.

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In view of the above, there shall be interim order in the following

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terms :

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(A) Till the next date of listing, in the event the applicant is arrested in connection with FIR No.0034 of 2024, dated 21.05.2024, registered at Police Station Naroli, District

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Dadra and Nagar Haveli, he shall be released on bail, on furnishing PR Bond of 50,000/- one or two sureties in₹ the like amount, to the satisfaction of the Trial Court.

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(B) The applicant shall remain present before the Investigating

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Shrikant Malani

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513.ABA.2280.2024.doc

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Officer on 12.09.2024 and 13.09.2024 between 10:00

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a.m. and 12:00 noon and thereafter as and when called by the Investigating Officer.

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(D) The applicant shall not tamper with the evidence in any manner. He shall not influence the informant, witnesses or any other persons concerned with the case.

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Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.

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List the application for further consideration on 11^th October, 2024, to be listed in the “Supplementary List.”

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(MANISH PITALE, J.)

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Shrikant Malani

Dilipkumar Narayan Dubey v. Union Territory of Dadra and Nagar Haveli and Daman and Diu

Case brief

What is this about?

What did the court decide?

Dilipkumar Narayan Dubey v. Union Territory of Dadra and Nagar Haveli and Daman and Diu

Case brief

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What did the court decide?

What the court decided

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