Cri.B.A.No.1677/2020 Criminal Bail Application No.1677/2020 CNR No. MHNS0010045742020
[ Gorakh Harishchandra Borade V s. State ]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in Cr.No.I148/2020 of Wadivarhe P. S., for offences punishable under Sections 406, 420, 467, 468 of I.P.C., on the basis of FIR lodged by Devram Baburao Mate contending therein that the accused falsely filled the form of ‘Pik Vima’ in the name of Agricultural Insurance Company of the informant and other 26 villagers and handed over them false receipts of payment and cheated for the amount of Rs.19,285/.
2.Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That it is contended in the FIR that informant and 102 villagers had filled forms to get insurance and they had got the receipts. That except 26 people, others have got the insurance payment which shows that the forms were filled properly. Other villagers have accepted that they have got payment. Since last 23 years, some villagers have not got insurance payment though they have filled the form within limitation. Mediator is responsible for non payment of insurance.
The applicant does not know how the informant got receipts. Since last 5 years, applicant is running ESetu Center. Till today, there is no complaint lodged against applicant. He is permanent resident of Igatpuri. He is ready to abide by all terms and conditions if any, imposed by the Court. He will not tamper with prosecution witness. 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 accused cheated the informant and 26 witnesses by giving false receipts for the amount of Rs.19,285/. He may pressurize the prosecution witnesses. The investigation is in progress with respect to whether the accused has cheated other farmers of Nashik district. The statement of eyewitnesses are to be recorded. On these main grounds and others have prayed for rejection of bail application.
4.Heard Ld. Advocate Mr.Patil for applicant. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Wadiwarhe police station.
5.On perusal of F.I.R. as well as case papers, it is apparent that, the applicant cheated the farmers by not forwarding their forms to the concern revenue authorities. The applicant was arrested on 24.11.2020. The magnitude of the offence is Rs.19,285/. Considering these facts, it will not be appropriate to keep the applicant behind bar till the filing of chargesheet or conclusion of trial. The applicant is permanent resident of Nashik.
He has no criminal antecedents. Hence, discretion can be exercised in favour of the applicant on certain terms and conditions. Hence, I proceed to pass following order.
ORDER
(1). Application is allowed.
(2). The applicant Gorakh Harishchandra Borade be released on bail in Cr.No.148/2020 of Wadiwarhe P. S., for offences punishable under Sections 406, 420, 467, 468 of I.P.C., on furnishing a PR and SB of Rs. 25,000/ with one solvent surety of like amount on following conditions.
(a). He shall attend concern Police Station every Monday between 10.00 a.m. to 1.00 p.m. till filing of charge sheet.
(b). He should furnish two documents about his identity proof and two documents in respect of identity proof of his relatives.
(c). 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.
(d). Violation of any of the above mentioned condition, would result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court.
Vardhan Digitally signed by Vardhan Prataprao Prataprao Desai Desai Date: 2020.12.15 15:41:59 +0530 Nashik. ( V. P. Desai) Date : 11/12/2020 Additional Sessions Judge, Nashik.