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MHNS010040602022
Order below Exh. 1 in Criminal Bail
Application No. 957/2022.
1.

This is an application preferred by applicant Sau. Radhika
Anil Patil for bail under section 439 of Cr.P.C. in C.R. No. I­184/2022
registered in Mumbai Naka Police Station, Nashik for the offence
punishable under sections 420, 465, 467, 468, 471 r/w section 34 of the
Indian Penal Code.
2.

It is submitted by the accused that she has no concern with
the crime and she has been involved without reason. Accused has no
intention to cheat anybody. She has purchased the property from the
person whose name is that of the complainant. Co­accused had shown the
documents of the property and by keeping faith on him she has purchased
the property. She has seen the Adhar Card and Pan Card and verified it
and after that she has purchased the property. She has given three paper
notice for three different Advocates to seek objection. However, she has
not received any objection. There was no intention to cheat in fact she has
been cheated as co­accused has time to time received money from her and
misappropriated. Complainant has filed RTS appeal before Divisional
Officer and obtained stay order. Complainant has filed civil suit in which
she has appeared. She has adopted all the legal remedies to verify the title
of the property by inquiring with the neighbors which reflects her
intention. Offence is not attracted to her. She is ready to abide by all the
terms and condition. Hence, prayed that application is allowed.

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3.

Say was called of the investigating officer. He has objected
this application on the count that, during custody accused has stated the
names of the persons who introduced her to the impersonated person.
Their names are Nilesh Murtdak, Ajinkya Supe and Mukesh Gangurde,
however, till date they are yet to be found.

There is possibility of
involvement of more accused cannot be ruled out. Co­accused are yet to
be arrested. There is possibility of entering into transaction with others.
Accused does not have any original documents with respect to the plot
and except for Rs.1,40,000/­ no consideration amount was given for
purchasing the plot. They have to inquire as to how the forged Adhar
Card and Pan Card has been prepared. If accused is released on bail she
will threaten the witnesses. Hence, prayed that application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. It is contention
of the Advocate for the accused that there was no intention on the part of
the accused to cheat the complainant as after giving paper publication she
has purchased the plot. She has no knowledge about the impersonated
person as she has seen the original Pan card and Adhar card of the said
person.

Though much argument was canvased by the Advocate for
accused that the bonafides of the present accused need to be consider,
however, the accused execute the sale deed by making payment of
Rs.1,40,000/­ only. Though, the sale deed reflects that the said plot is
worth Rs.45,00,000/­. The accused contends that she has made payment
from time to time with respect to the remaining amount. Investigating
Officer has categorically mentioned that the persons who introduced the
impersonated person are not found.

Even the whereabouts of the
impersonated person is not found. Without original documents of the plot
and without paying the consideration amount accused has purchased the
plot. All these contentions prima facie reflect the involvement of the
accused.

Investigation is in progress.

Co­accused are not yet
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apprehended. Hence, I am not inclined to released the accused at this
stage and proceed to pass following order :­
ORDER
Application is hereby rejected.

Nashik.
Date : 06/08/2022.

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