(Exh.1)
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Anticipatory Bail Appln. No.1038/2022
Anticipatory Bail Application No.1038/2022
Manoj Digambar Kaldate
Vs.
State of Maharashtra
(Deola P.S.)
ORDER BELOW EXH.1
1]
This bail application is filed u/s.438 of Cr.P.C. in CR
No.185/2022 for the offence punishable u/s.406, 420 r/w. 34 of
Indian Penal Code registered at Deola Police Station.
2]
The facts of the prosecution case is summarized as
follows :
Informant is a farmer by profession and having
agricultural land at village Deola, Tal. Satana bearing Gat
No.630/1/2/3 admeasuring about 2 acres. He was acquainted with
Madhav Gaikwad (accused no.3). He disclosed that cultivation of
Shatavari plant will provide good returns and accordingly The Shivai
Gro Health Pvt. Ltd. Company director Manoj and Ganesh visited his
farm and assured the life span of crop is 18 months and he will able
to earn 10 to 15 lacs per acre. It was also assured that if he cultivate
it through their company all accused will purchase it @ Rs.80/- per
k.g. for wet Shatavari and @ Rs.250/- per k.g. for dry and processed
Shatavari and also agreed to provide him machinery and disburse the
payment via bank account. They assured that they will visit after
span of week. Accordingly, he agreed to purchase Shatavari at
guaranteed rate and made payment of Rs.50,000/- on 23.5.2019,
Rs.50,000/- on 12.06.2019 and Rs.50,000/- 13.6.2019 for purchase
of seeds plant from company and then by end of June, 2019 he
started cultivation of Shatavari in his agricultural land. Informant
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Anticipatory Bail Appln. No.1038/2022
was made director of the company and therefore no agreement was
executed. He again paid Rs.10,000/- for the said post. Subsequently,
he came to know that price of per yield plant of Shatavari of Rs.1 to
2 only. Rather company has taken huge amount from him and he
invested Rs.22,99,830/- for span of 18 months for cultivation except
once or twice company persons has visited his farm and did not
provide any guidance to him. When the crop started to degrade he
was required to use JCB for removal of crop and stored it in his shed.
He did not get any buyer for said product and he was required to
give it as fodder. Informant has resigned from the Director post in the
month of May 2021 and accordingly lodged the complaint.
3]
The case of the applicant is that he is falsely implicated in
this case. The allegations are of civil nature. Applicant was unable to
meet demand of informant.
4]
I have heard Ld.Adv. Shri.Mane for the applicant/accused
who vehemently submitted that there is delay in filing of FIR. The
period of transaction in between May 2019 to 21.5.2021 and date of
FIR is 20.07.2022. The entire FIR does not reveals explanation of
delay. There is no agreement and the informant was also director of
the said company.
5]
Ld. APP Shri. Kadave vehemently submitted that accused
introduced the informant to purchase Shatavari seeds from them and
thereby cultivated and invested lakhs of rupees at the instance of
accused who assured to purchase all yield and despite of this they
never turned to their plot and thereby cheated of Rs.22,99,830/-.

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Anticipatory Bail Appln. No.1038/2022
The custodial interrogation is required as number of farmers are also
cheated by the applicant/accused and co-accused.
6]
Heard
both
side
at
considerable
length.

Perused
application and say filed by the investigation agency. The offence of
breach of trust and cheating for the tune of Rs.24,45,830/-. As per
FIR it was assured to purchase Shatavari crop after it was yield at
sale stage and on 31.5.2021 it was prepared. The informant waited
and despite of repeated request there is no response from the Shivai
Gro Health Pvt. Ltd. Company owned by applicant/accused and
co-accused. Therefore, there is no substance about lodging FIR in
such case. It is not dispute that informant made transaction with the
applicant firm. It is not disputed that the applicant was asked to
become a director and subsequently resigned. Therefore, in such
position the applicant cannot deny his responsibility to purchase the
Shatavari yield as promised for the wet Shatavari and dry and
processed Shatavari for Rs.80/- per k.g. and Rs.150/- per k.g.
respectively.
7]
It is submitted by Ld. Adv. Mane that the company
registered by name Shivai Gro Health Pvt. Ltd. Company and name
of the director is one Mr.Ganesh Ashok Nimbalkar, Mr.Manoj
Digambar Kaldate, Mr.Pravin Kashinath Alai. The farmer who seen
dream that he will get good production after cultivate Shatavari but
could not complete his dream only due to false promise given by the
applicant/accused and other co-accused. In this particular case he
was induced for purchasing Shatavari plant for Rs.150/-. The
amount is already transferred in the account of accused company.
Despite of promise they have not purchased Shatavari crops and
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Anticipatory Bail Appln. No.1038/2022
failed to comply as per oral agreement. In such circumstances,
considering the huge amount entangled in this case. Custodial
interrogation is necessary for which physical custody of the
applicant/accused is necessary. It is submitted by I.O. that series of
complaints filed against this company headed by applicant/accused
and co-accused. It is seems big racket in which various farmers
cheated at the instance of applicant accused and co-accused. Hence, I
am of the considerable opinion through investigation is required in
such case. Hence, order ORDER
1)
2)
Bail Application below Exh.1 is rejected being devoid of
merits.
Criminal Bail Application accordingly disposed off.
UMESHCHANDRA
JAIKUMAR MORE
Date : 15.09.2022.

Digitally signed by
UMESHCHANDRA
JAIKUMAR MORE
Date: 2022.09.16
13:37:29 +0530
( Dr. U. J. More )
District Judge-13 and
Additional Sessions Judge, Nashik.

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