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MHNS010033942022
Order below Exh. 1 in Criminal Anticipatory Bail
Application No. 837/2022.
1.

This is an application filed by applicant Mohit Mahendra
Agrawal for anticipatory bail under section 438 of Cr.P.C. likely to be
registered at Crime Branch, Unit – I, Nashik.
2.

In short it is the case of prosecution that Truck bearing no.

PB­06­Q­2596 was found in suspicious conditions on inquiry it transpired
that original documents are with Nashik Zillha Mahila Sahkari Bank which
is not produced till date. The truck is sold to applicant without informing
the bank.
3.

It is submitted by the applicant that he is innocent and has
not committed any offence. He has been falsely implicated in the present
crime. No direct or circumstantial evidence against the applicant. There is
no specific allegations against him. Applicant is the original owner of the
Truck which is seized by the Crime Branch. Salim Hasin Shaikh sold the
said truck to applicant by accepting token amount. Applicant is in physical
or symbolic custody of the said truck. Loan is pending of the earlier owner
which is the only hindrance to transfer the vehicle. There is no motive to
commit such an offence and he has no criminal antecedents. Applicant is
permanent resident of Nashik. He is ready to abide by the terms and
conditions. Hence, prayed that pre­arrest bail application be granted.
4.

Say was called of investigating officer wherein he contends
that, Truck bearing no. PB­06­Q­2596 was found in suspicious conditions
at Meri­Rasbihari Link Road, Mane Nagar, Nashik. On inquiry the
documents of the vehicle, the owner and the driver informed that the
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documents are deposited with Nashik Zillha Mahila Sahkari Bank agreed
to produce the same, however, till date they have not produced. On
inquiry they came to know that the truck is in the name of the Salim Hasin
Shaikh and he has taken loan of Rs. 30,90,000/­ from Nashik Zillha
Mahila Sahkari Bank. Even then he has sold the truck to Mohit Mahendra
Agrawal, hence, investigation is in progress and no offence has been
registered.
5.

Heard Ld. Advocate for the applicant and Ld. APP for the
State. It is argued by the Advocate for the applicant that the vehicle is in
the custody of the police unless the same is returned the apprehension
continues, hence, prayed that pre­arrest bail be granted. On the other
hand Ld. APP has submitted that as no offence is registered there is no
question of apprehension.
6.

On perusing the say of investigating officer it is seen that
vehicle has been accosted on suspicion by the police. It is also seen that
vehicle has been hypothecated to Nashik Zillha Mahila Sahakari Bank
which is sold applicant without repaying the loan. As on date FIR is not
registered though information is given to the bank. In such circumstance,
following order will suffice the purpose.
ORDER
1.

In­charge of Crime Branch, Unit ­ 1, Nashik is directed to
issue 72 hours notice before arresting the applicant in the
event of registration of FIR in connection with the present
matter/complaint.

2.

Accordingly, present application is disposed off.

Nashik.
Date : 06/07/2022.

Sd/­
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.