..1..

Cri. Bail Application No.635 / 2022
MHNS01002416202
Dhiraj Dilip Kundariya
..

Applicant
..

Respondent
V/s.
The State of Maharashtra,
Order below Exh.1
1.
The applicant seek his release on bail under Section 439 of Criminal
Procedure Code in connection with Crime No. I – 16 / 2011 registered with
Deolali Camp Police Station for the Offence under section 420, 409 r.w. 34
of Indian Penal Code and under section 3 & 4 of the Maharashtra
Protection of Interest of Depositors Act, 1999 (hereinafter referred to as,
“MPID Act”).
2.
Prosecution allegations reveals that the Directors of the Indian Emu
Life Pvt. Ltd. introduced a scheme as Emu Eggs co-ownership investment
scheme and lure the investor for handsome return within a short period. The
Managing Directors of the Company has employed Agent for the publicity
of the Scheme to attract the investors. On wide publicity of the Scheme,
several investors fell prey to the Scheme and invested their hard earn
money. Eventually, the Directors of the Company cheated the investors and
embezzle the amount and investor were left in lurch. Some of the investor
gathered the courage and reported the incident to police station. Based on
the information of one of the investor, the aforesaid crime registered. The
applicant is arraigned during the course of investigation as a Agent of the
Company.
3.
The Ld. Advocate for the applicant urged that applicant is innocent
and falsely framed in the given case. He being employed as Agent with a
direction of the Company to explain the Scheme to the depositors and he
was paid his salary to that effect. Applicant is not involved in the
..2..

embezzlement of the amount. The Directors, Managing Directors and some
Agents of the Company who are similarly situated like the applicant are
released on pre-arrest bail and same parity may be extended to the
applicant. According to him, the investigation is completed and
supplementary charge-sheet is filed. As such further detention of the
applicant is unwarranted, he urged. Lastly, he requested to release the
applicant on bail.
4.
The Ld. APP resisted the application by filing Say at Exh.4 and interalia contended that the applicant and other co-accused defraud the investors
with a promise of handsome return within a short period. There is primafacie material against the applicant. If he is released on bail then he may
abscond.
5.
On going through the investigation papers indicates the role of
applicant as Agent, who attracted some of the depositors to invest in the
Scheme in the lure of handsome return. The earlier bail plea of the
applicant was turn down due to on going investigation. The applicant was
arrested on 28.04.2022 and after going through initial police custody he is
brought back to the Judicial Custody on 02.05.2022. It appears that
investigation in respect of the applicant is considerably progressed. The
main accused who are involved in fraud of the amount are released on prearrest bail. No criminal antecedents has been demonstrated against the
applicant. The Learned APP urged that applicant was absconded and if he is
released on bail he may not attend the trial. However, the Ld. Advocate for
the applicant encounter the submission of the Ld. APP that applicant was
very much available in the City and there is no valid explanation by the
prosecution about the step taken by them to search the applicant. Be that as
it may be, considering the nature of the offence, role of the applicant and
release of the main accused on pre-arrest bail the further incarceration of
the applicant is unwarranted. Eventually, the following Order.
ORDER
(a)
The Cri. M. A. No. 635 / 202 is allowed.

(b)
The applicant / accused Dhiraj Dilip Kundariya, be released on
..3..

furnishing P.B. & S.B. of Rs.15,000/- with one or two surety of like
amount in connection with Crime No. I – 16 / 2011 registered with
Deolali Camp Police Station for the Offence under section 420, 409
r.w. 34 of Indian Penal Code and under section 3 & 4 of the MPID
Act.
(c)
The applicant to furnish his residential address proof to the
Investigating Officer.

(d)
The applicant / accused shall not directly or indirectly, make any
threat, inducement or promise to any person acquainted with the
facts of the case so as to dissuade him for disclosing such facts to the
Court or to any police personnel.

Place : Nashik
Date : 10.06.2022
( B. V. Wagh )
Additional Sessions Judge,
Nashik.