CNR No. MHNS010035402022
Order below Exh.1 in Cri. Bail Application No.871/2022.
( Manik Reddy Kaudale Vs. State )
This anticipatory application is moved by the applicant­
accused Manik Reddy Kaudale under section 438 of Cr.P.C. in
connection with CR No.123/2021 registered with Dindori Police
Station, Tal. Dindori, Dist. Nashik for the offence U/s. 406, 420,
427, 465,468, 472 of the Indian Penal Code.
2.

As per record said offence appears to be registered by
the order of the learned JMFC, Dindori in Cri.M.A. No.327/2019.
The matter is under investigation. There is transaction in between
the complainant and accused regarding the export of grapes and
the said transaction could not reach to its finality and the
complainant could not get sale proceeds of the goods exported
with the mediation of the accused and therefore, complaint came
to be filed by the complainant which was referred by learned
JMFC, Dindori for investigation to the Dindori police station.
Accordingly,
the
police
have
registered
the
FIR
bearing
No.123/2021. Therefore, the applicant­accused apprehended arrest
at the hands of police in connection with the non­bailable offence
registered against him and hence, prayed for anticipatory bail.
3.

It is stated in the application that the applicant­accused
has nothing to do with the United Fruit Company. The applicant­
accused had only referred some purchasers from Russia and at that
time the risks factor was also explained to him. The transaction
took place between United Fruit Company, Russia and Jijamata
Agro Export, Nashik. The first informant is a proprietor of Jijamata
Agro Exports. The applicant­accused had only acted as a Mediator
..2..

due to language problem. However, did not accept any financial
responsibility and liability. Therefore, submitted that no offence
has been committed by him as alleged in the complaint and in the
FIR registered against him. Hence, prayed for anticipatory bail.
4.

The police have filed report and objected the
anticipatory bail application and submitted that it is a case of
cheating. The complainant did not receive the amount of export
and grapes. The accused was mediator for the transaction and
resident of Bangalore and there is high chances that he will not
available for inquiry, investigation and trial. The applicant­accused
earlier had avoided to remain present in the police station, inspite
of repeated notices to him by post or whatsapp. Hence, prayed to
reject the anticipatory bail application.
5.

The first informant/complainant was represented by his
private counsel Shri. Dharmendra Chavan alongwith learned APP.
6.

Heard, both the parties. Perused the record.

7.

It appears that there is a transaction of export of grapes
with the mediation of the applicant worth Rs.42,84,000/­ and the
grapes were exported to Russia. However, the delivery was not
accepted at the other end and the transaction appears to be failed.
The facts remains that complainant did not receive money and he
blamed entirely to the applicant­accused for the said loss in the
transaction and filed the private complaint.
8.

The alleged transaction took place in the year 2018 and
the FIR is registered in the year 2021. This Court has granted ad­
interim protection by order dated 12.7.2022. Considering the
Cri. Bail Application No.871/2022.
..3..

nature of the transaction, it appears that custodial interrogation of
the applicant­accused is not necessary and compliance can be made
by directing the applicant to produce and make available all
documents pertaining to the transaction and with direction to co­
operate with the investigating agency and to remain present and
explained the transaction as and when required. During this period
of hearing of this application, applicant­accused was directed to co­
operate with I.O.. Till this date no compliant is received for non co­
operation on the part of the accused. Hence, I am of the opinion
that, applicant­accused is entitled for anticipatory bail. Accordingly,
following order is passed.
ORDER
1)
Anticipatory Bail Application
allowed.

No.871/2022
2)
Interim anticipatory bail granted by this court to applicant­
accused Manik Reddy Kaudale by order dated 12.7.2022 is
hereby made absolute on same terms and conditions.

3)
He shall co­operate with the investigating machinery and
shall remained present as and when required with all
related documents pertaining to the transaction.

4)
Inform concerned Police station.

SHINDE
MADHAV
A
Date­ 17.08.2022
is
hereby
Digitally signed by
SHINDE MADHAV A
Date: 2022.08.18
11:03:29 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.