Cri.B.A.No.1148/2022 Order below Exh.01 in Cri.B.A.No.1148/2022 CNR No.MHNS010049412022
(Dilip Bhika Tatar vs. State)
The applicant has preferred this application for anticipatory bail praying therein that he may be released on bail in the event of arrest in connection with CR.No.I276/2022 registered with Nashik Road police station for the offence punishable under Sec.135, 138 of Indian Electricity Act, 2003 on the basis of FIR lodged by Vidyutkumar Vijay Pawar.
2.Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That the applicant is permanent resident of Nashik. The applicant has provided his machinery to factory and except this, there is no nexus with factory. Arbaj Shaikh is responsible for the said factory. That he has never committed theft of electricity. There are no serious allegations against applicant. He will not tamper with prosecution evidence nor pressurize witnesses. There are no criminal antecedents against the applicant. He is ready to abide by all the terms and conditions if any imposed by the Court. On these main grounds and others have prayed for bail.
3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that since the registration of offence, the applicant is absconding. There is theft of electricity to the tune of Rs.24,53,560/. Investigation is to be done with respect to
tampering with electric meter. If released, the applicant will not cooperate and will pressurize informant and witnesses. On these main grounds and others have prayed for rejection of the bail application.
4.Heard Ld. Advocate Smt.Mundada for applicant. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Nashik Road police station.
5.On perusal of FIR as well as case papers, it is apparent that the three phase meter affixed to M/s.D.R.Joshi was tampered. As RYB 3 phase was on, the machinery was running. However, the use of the electricity was not registered. As per FIR, machinery and instruments were provided by Dilip Datir and Arbaj Salim Shaikh was running the unit since last 3 months.
6.The raid was conducted on 19.8.2022 and FIR was registered on 7.9.2022 i.e. after a period of one month. Case papers produced by the Investigating Officer does not reveal that Dilip Datir or Arbaj Salim Shaikh are the Proprietors of M/s. D.R.Joshi. On inquiry with Investigating Officer, he submitted that owner of the unit is one Mr.Chumbale. On further inquiry whether statement or any document showing nexus with Dilip Datir or Arbaj Shaikh is collected, surprisingly, the reply was no. Even from FIR, it can be gathered that the allegations against Dilip Datir that he supplied machinery. The question of running the unit or his ownership with D.R.Joshi does not arise. It is the case of the complainant that the electricity theft is from August 2021. So also, it is the case of the informant that Arbaj Salim Shaikh is running the unit from last three months i.e. April or May 2022. At this stage, no concrete nexus is collected by Investigating Officer about tampering of meter by the applicant. Already meter is seized. Nothing is to be recovered or discovered at the instance of the applicant. Moreover, in FIR, initial allegation is for causing theft of approximately Rs.25 lac, but for compromise, the compoundable amount is Rs.10 lac. It can be gathered that informant is not sure about quantum of theft. The MSEDCL can initiate civil proceedings to recover the dues about use of electricity. The offence is not punishable with death or life imprisonment. Hence, I proceed to pass following order :
ORDER
(1). Application is allowed.
(2). In the event of arrest of the applicant Dilip Bhika Tatar in connection with CR.No.I276/2022 registered with Nashik Road police station for the offence punishable under Sec.135, 138 of Indian Electricity Act, 2003 on the basis of FIR lodged by Vidyutkumar Vijay Pawar, the above named applicant be released on bail, on furnishing a PR and SB of Rs.15,000/ (Rupees Fifteen Thousand only), with one surety of like amount on following conditions.
(a). He shall attend concern Police Station on every Monday between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.
(b). He 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 them from disclosing such facts to the Court or to any police officer.
(c). Violation of any of the above mentioned condition, would result in cancellation of bail.
(3). Inform concerned police station accordingly.
VARDHAN Digitally signed by VARDHAN PRATAPRAO PRATAPRAO DESAI DESAI Date: 2022.09.30 16:27:47 +0530 Nashik. ( V. P. Desai) Date : 30.09.2022 Additional Sessions Judge, Nashik.