IN THE COURT OF SESSIONS, AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO.1788 OF 2022 (CNR NO.MHCC05­005958­2022)
IN C.R. NO.721 OF 2022 (BANGUR NAGAR POLICE STATION)

1.Smt. Meena Mahesh Rana)
Age: 60 years)
2.Mr. Mahesh Shankar Rana)
Age: 61 years,)
Both are residing at : B/801, Building)
No.31, Road No.16, New Siddharth Nagar, ) Opp. Jain Temple, Motilal Nagar,)
Goregaon (West), Mumbai – 400 104.)
3.Mrs. Rina Kamlesh Pitroda)
Age:­ 44 years,)
Residing at B­503, Dolhpin Garden,)
Poonam Sagar Complex, Opp. Sector­9,)
Mira Road (East), Thane – 401 107) ..Applicants

Versus

The State of Maharashtra ) At the instance of Sr. Inspector of Police, Bangur ) Nagar Police Station. ) ..Respondent

Alongwith

ANTICIPATORY BAIL APPLICATION NO.1797 OF 2022 (CNR NO.MHCC05­006003­2022) IN
C.R. NO.721 OF 2022 (BANGUR NAGAR POLICE STATION)

Devyani Krishna Kumar Agrawal )
Aged about 62 years, an adult,)
Occupation : Housewife)
Residing at A/1, Jay Sonal CHS,)
Sarojini Naidu Road, )
Near Bhurabhai Hall, Kandivali (W), )
Mumbai – 400 067. ) ..Applicant

Versus

State of Maharashtra )(At the instance of Bangur Nagar Police Station) ) ..Respondent Alongwith

ANTICIPATORY BAIL APPLICATION NO.1813 OF 2022 (CNR NO.MHCC05­006049­2022)
IN C.R. NO.721 OF 2022 (BANGUR NAGAR POLICE STATION)

Mr. Vikrant Ramesh Rathod)
Aged: 43 years, Occupation : Business,)
Indian inhabitant,)
Residing at : Plot No.69, Room No.C/15, Kshitij ) CHS Ltd., Gorai­I, Near Swami Vivekanand)
School, Borivali (West), Mumbai ­ 400091.) ..Applicant

Versus

State of Maharashtra ) At the instance of Sr. Inspector of Police, Bangur ) Nagar Police Station. ) ..Respondent

Alongwith

ANTICIPATORY BAIL APPLICATION NO.1814 OF 2022 (CNR NO.MHCC05­006057­2022)
IN C.R. NO.721 OF 2022 (BANGUR NAGAR POLICE STATION)

1.Mr. Hitendrabhai Devajibhai Rajgor)
Age 46 years, Occ: Business )
2.Mr. Sagar Hitendrabhai Rajgor )
Age 24 years, Occ: Business, )
Both residing at : ) Pushpak­2/008, S.V. Road, Opp. Telephone ) Exchange, Malad (West), )
Mumbai ­ 400 064. ) ..Applicants

Versus

The State of Maharashtra )
(Through its Bangur Nagar Police Station.) ) ..Respondent

Alongwith

ANTICIPATORY BAIL APPLICATION NO.1818 OF 2022 (CNR NO.MHCC05­006059­2022)
IN C.R. NO.721 OF 2022 (BANGUR NAGAR POLICE STATION)

Rahul Krishna Kumar Agrawal )
Aged about 42 years, an adult ) Occupation : – )
Residing at A/1, Jay Sonal CHS, )
Sarojii Naidu Road, ) Near Bhurabhai Hall, Kandivali (W), ) Mumbai – 400 067. ) ..Applicant

Versus

State of Maharashtra ) (At the instance of Bangur Nagar Police Station) ) ..Respondent Alongwith

ANTICIPATORY BAIL APPLICATION NO.1819 OF 2022 (CNR NO.MHCC05­006058­2022) IN
C.R. NO.721 OF 2022 (BANGUR NAGAR POLICE STATION)

Yash Jagdishbhai Parekh )
Aged about 46 yers, an adult, )
Occupation : – ) Resiidng at Flat No.202, 2nd Floor, Kingstone )
Tower, Kauls Heritage City, Bhabola, Chulne, ) Bassaein Road, Vasai (W)­ 401 202. ) ..Applicant

Versus

The State of Maharashtra ) At the instance of Bangur Nagar Police Station.) ) ..Respondent

Alongwith

ANTICIPATORY BAIL APPLICATION NO.1854 OF 2022 (CNR NO.MHCC05­006180­2022)
IN C.R. NO.721 OF 2022 (BANGUR NAGAR POLICE STATION)

Mrs. Alifya Vikrant Rathod @ Alifiya Tayebali Bhusavalwala )

Aged: 43 years, Occupation : Housewife ) Indian inhabitant, )
Residing at : Plot No.69, Room No.C/15, Kshitij ) CHS Ltd., Gorai­I, Near Swami Vivekanand School, Borivali (West), Mumbai – 400 091. ) ..Applicant

Versus
State of Maharashtra ) At the instance of Sr. Inspector of Police, Bangur ) Nagar Police Station.) ) ..Respondent

Alongwith

ANTICIPATORY BAIL APPLICATION NO.1893 OF 2022 (CNR NO.MHCC05­006300­2022)
IN C.R. NO.721 OF 2022 (BANGUR NAGAR POLICE STATION)

Mr. Dilip Dhansingh Thakur ) Age : 54 years, )
Indian inhabitant, )
Permanent addresss : Room No.2, Om Sai Dham ) Building, B­207, Carter Road No.3, Borivali (E), ) Mumbai – 400 066. ) ..Applicant

Versus

State of Maharashtra ) (through Bangur Nagar Police Station.) ) ..Respondent

Adv. Mr. Sunny Waskar h/f. Adv. Mr. Bipin Dubey for the applicants in ABA No.1788/2022.

Adv. Mr. Dharmesh Shah i/b. Adv. Mr. Dipendra Singh for the applicants in ABA Nos.1797/2022, 1818/2022 and 1819/2022.

Adv. Ms. Jessika Rathod for the applicant Nos.1813/2022 and 1854/2022.

Adv. Mr. Rushabh Savla for the applicants in ABA No.1814/2022.

Applicant and his advocate absent in A.B.A. No.1893/2022 APP Mr. Shailesh Pachapohar for the State.

Coram : His Honour Addl. Sessions Judge, Ashish Ayachit (C.R.No.8) Date : 7th December, 2022.

COMMON ORDER

These are the anticipatory bail applications in respect of Crime No.721/2022 registered with Bangur Nagar Police Station for the offence punishable under Sections 406, 420, 34 of I.P.C.

2. The applicants are represented by different advocates, therefore, I have heard all advocates separately in their respective anticipatory bail applications. In ABA No.1893/2022, applicant and his advocate are absent.

3. Considering the nature of offence and involvement of the applicants, I decide all anticipatory bail applications by common order. The applicants have submitted that they have not committed any offence. On the contrary, they are the victims of the crime. They have elaborated their contentions in their applications. In ABA No.1788/2022 and 1793/2022, the applicants stated that accused No.15 Sapna Kumar Bhatt, who is a empaneled valuer of the informant­bank, deceived them. She had given gold to them and put for gold loan on their name. Accused No.15 Sapna agreed to repay the amount but she did not obey her words and deceived the applicants. In ABA Nos.1813/2022, 1818/2022, 1819/2022 and 1854/2022, the applicants similarly stated that accused No.15 Sapna Kumar Bhatt siphoned the amount by borrowing the loan on their names. They are innocent. In ABA No.1814/2022 and 1893/2022, the applicants plead innocence and false implication.

4. The offence is registered on the basis of report lodged by the informant, who is a Branch Manager in Bank of India. All the applicants have borrowed gold loan and failed to pay installments regularly and therefore, Bank has put the pledged gold ornaments for auction and thereafter it was revealed that those are fake gold. Therefore, offence is registered.

5.It revealed from the say as well as applications that all the applicants are beneficiary of the loan. The loan amount has been disbursed in their bank accounts. They did not pay the EMI and made loan N.P.A. It shows that they were aware of nature of gold kept/pledged with the Bank. In such circumstances, prima facie their involvement has been seen in the offence. Looking into seriousness of the offence and the nature of offence, I am of the opinion that the custodial interrogation of the applicants is essential and necessary for proper investigation of the crime. Therefore, the applicants in all the anticipatory bail applications are not entitled for anticipatory bail.

Hence, I pass the following order :­

ORDER

1.Anticipatory Bail Application Nos. 1788/2022, 1797/2022, 1813/2022, 1814/2022, 1818/2022, 1819/2022, 1854/2022 and 1893/2022 are rejected and stands disposed of, accordingly

2.Copy of this order be kept in Anticipatory Bail Application Nos.1797/2022, 1813/2022, 1814/2022, 1818/2022, 1819/2022, 1854/2022 and 1893/2022.

Digitally signed by ASHISH ARVIND AYACHIT Date: 2022.12.08 17:56:13 +0530 Date: 7.12.2022 (Ashish Ayachit) Additional Sessions Judge, City Civil & Sessions Court, Borivali Division, Dindoshi ABA-1788/22,1797/22,1813/22,1814/22 8 Common Order ABA-1818/22,1819/22,1854/22,1893/22 Dictated by HHJ on : 7.12.2022 Transcribed on : 7.12.2022 Signed by HHJ on : 7.12.2022 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE ATUL SURYAKANT BHOGTE AND TIME : 08.12.2022 5.40 P.M. NAME OF STENOGRAPHER Name of the Judge (with Court Room No.) HHJ Shri Ashish Ayachit (Court Room No.8) Date of Pronouncement of Judgment/Order 07.12.2022 Judgment/Order signed by P.O. on 07.12.2022 Judgment/Order uploaded on 08.12.2022

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