Order below Exh.01 in Cri.B.A.No.1101/2022 CNR No.MHNS010047552022
(Atul Balasaheb Nikam etc. vs. State)
Both the applicants have preferred this anticipatory bail in connection with complaint lodged by Nikhil Desale against them with Ambad police station for the offences punishable under Sec.406, 409, 420 r/w 34 of IPC.
2.Heard Ld. Advocate Mr.Sanap for the applicants.
According to him, the applicants are innocent and falsely implicated in the case. Both the applicants are real brothers and since past 5 years, are in business of job placement. Applicant No.1 received phone call from Police Officers of Ambad police station that complaint is lodged against them.
3. Notice of the bail application issued to the State who filed say stating that complaint is received that both the applicants have under false promises and assurance, taken Rs. 5 lacs from the complainant for giving him job in Merchant Navy. However, they did not do so and after followup with them, they just paid Rs. 1 lac.
FIR is not lodged. In spite of calling the applicants at the police station, they did not remain present.
4.Heard Ld.Adv.Mr.Sanap for the applicants and Ld. APP Mr.Kotwal for the State.
5. Admittedly, at this stage, no FIR is lodged against the applicants. It is settled principle that FIR is not condition precedent for preferring anticipatory bail. The inquiry may go on at considerable length of time, till then the sword of facing prosecution will remain hanging. At this stage, as FIR is not lodged, some protection is required to the applicants. Hence, I proceed to pass following order :
ORDER
(1). Application is allowed.
(2). The Investigating Officer, Ambad police station, shall give 48 hours prior notice [excluding Court holidays] to the applicant No.1 Atul Balasaheb Nikam and applicant No.2 Amol Balasaheb Nikam before causing their arrest in connection with complaint lodged by Nikhil Bajirao Desale for the offence under Sec.406, 409 and 420 r/w 34 of The Indian Penal Code.
VARDHAN Digitally signed by VARDHAN PRATAPRAO PRATAPRAO DESAI DESAI Date: 2022.09.26 15:41:59 +0530 Nashik. ( V. P. Desai) Date : 17.09.2022 Additional Sessions Judge, Nashik.