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Cri.B.A.No.990/2022
Order below Exh.01 in Cri.B.A.No.990/2022
CNR No.MHNS010042912022
(Machhindra Hiraman Adake 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.I­87/2022 registered
with Deolali Camp police station for the offence punishable under
Sec.406, 420, 504, 506 r/w 34 of IPC, on the basis of FIR lodged by
Sandip Madhavrao Bendre, in view of directions given by the
Ld.JMFC under the provisions of Sec.156(3) of Cr.P.C.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That the
applicant has not cheated anyone. False offence is registered against
him. Offence is based on documentary evidence and hence, there is
no need of custodial interrogation. There is no criminal antecedent
against him. The applicant is reputed person in the society. He is
permanent resident of Nanegaon, Tal., Dist. Nashik. He is ready to
abide by all terms and conditions if any imposed by the court. He
will not tamper with prosecution evidence nor pressurize the
witnesses. He is the only bread earning member in the family. 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 statements of witnesses are to be recorded. There
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Cri.B.A.No.990/2022
is possibility of pressurizing witnesses. He will not co­operate in the
investigation. On these main grounds and others have prayed for
rejection of the bail application.

4.

Heard Ld. Advocate Mr.V.M.Ghugare for applicant.

Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police
papers and say filed by Deolali Camp police station.

5.

On perusal of FIR as well as case papers, it is apparent
that there was transaction between the informant and the present
applicant dated 22.10.2016 whereby the informant tendered Rs.10
lacs for a period till 22.10.2017, if the amount is not paid, the
applicant was required to enter into sale­deed for additional
consideration of Rs.26,48,981/­. The FIR further states that the
applicant informed informant that he is unable to comply with the
terms of the agreement and again assured to enter into sale­deed.
The informant further paid amount of Rs.2 lacs by cash. Again
notarized agreement dated 2.11.2017 was entered into between the
complainant and informant and the time span of agreement was
extended. However, subsequently the applicant denied to enter into
sale­deed.
6.

From the bare perusal of the complaint/FIR, it can be
gathered that finance was provided to the applicant­accused on
certain terms and conditions, more particularly, to state that he will
return the amount within specific period. The accused was unable to
fulfill terms and conditions and accordingly, time span was
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Cri.B.A.No.990/2022
extended. Whether it is entirely civil transaction, cannot be
commented or concluded at this stage. It is settled principle that
police machinery cannot be utilized for recovery of any amount. The
documents i.e. agreements entered into between informant and the
applicant are with the complainant. From the report of the police, it
can be gathered that nothing is to be recovered or discovered at the
instance of the applicant. Considering facts and circumstances of the
case, on certain terms and conditions, the discretion can be
exercised in favour of the applicant. Hence, I proceed to pass
following order :
ORDER
(1). Application is allowed.
(2). In the event of arrest of the applicant Machhindra Hiraman
Adake in connection with CR.No.I­87/2022 registered with Deolali
Camp police station for the offence punishable under Sec.406, 420,
504, 506 r/w 34 of IPC, on the basis of FIR lodged by Sandip
Madhavrao Bendre, 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.

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(c).

Cri.B.A.No.990/2022
Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 22.08.2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.08.22
16:31:25 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.