..1.. Cri.B.A.No.1063/2022 Order below Exh.01 in Cri.B.A.No.1063/2022

CNR No.MHNS010045952022

(Rajesh Ramchandra Reddi etc. vs. State) The applicants have preferred this application for anticipatory bail praying therein that they may be released on bail in the event of arrest in connection with CR.No.I­359/2019 registered with Indira Nagar police station for the offence punishable under Sec.420, 406 r/w 34 of IPC, on the basis of FIR lodged by Chandrajyoti Somnath Aher.

2.Bail application is filed on the ground that the applicants are innocent and have been falsely implicated in the case. That applicants are residents of Pune doing business through D.S.I Marketing Pvt. Ltd. There is no financial transaction between applicants and informant. That applicants never assured informant or anyone to provide employment at Matoshri Mahila Gruhudyog.

The applicants have no concerned with Matoshri Mahila Gruhudyog nor they have any officer there. As the applicants sell ready product of said Private Limited and Matoshri Mahila Gruhudyog in market, false offence is registered against them. Nothing is to be recovered or discovered at the instance of applicants. In FIR, there is no mention of acceptance of money by applicants. There is prima facie case. The investigation is completed. The offences are triable by JMFC Court. The applicants will not pressurize witnesses nor tamper with prosecution evidence. That they will abide by all terms and conditions imposed by the court. On these main grounds and others have prayed for bail.

3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that applicants are absconded since the commission of offence. Accused Ramchandra has taken Rs.1500/­ each from all ladies under the pretext that they will get employment. Other accused are absconded. Investigation is to be completed with respect to the misappropriated property. If released on bail, accused will abscond. There is possibility of commission of offences in future and pressurizing informant and witnesses. On these main grounds and others have prayed for rejection of the bail application.

4.Heard Ld. Advocate Mr.Mogal for applicants who reiterated all the contents of bail application. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Indira Nagar police station.

5.On perusal of FIR as well as case papers, it is apparent that accused namely Sunita Vishnu Aher approached the informant by stating that she is running Matoshri Mahila Gruhudyog and will provide employment. She further revealed the name of M.D. as Rajesh Reddy [applicant]. Furthermore, that such type of employment is given to other institutions also and even training is provided. Accordingly, meeting was held on 14.8.2017 and round about 150 to 200 ladies attended it. Sunita Vishnu Aher, Madhuri Jadhav, Rajesh Reddy [applicant] and Sapna Amalneri [applicant] also attended the meeting. In the said meeting, the informant and other ladies were given assurance of employment and were asked to pay amount of Rs.1,500/­ each, amount of Rs.500/­ as fee and deposit of Rs.1,000/­ which was to be returned after 3 months. Even another meeting was held in which round about 1000­1200 ladies were present which was also attended by Rajesh Reddy [applicant]. Third meeting was also held at Dhole Patil Lawns, Sangamner Rajapur Road which was also attended by few ladies. Thus, from time to time, the accused persons have collected various amounts of Rs.2,52,000/­ from the ladies. Other amount of Rs.20,000/­ from Laghu Udyog and Rs.25,000/­ from Shubhangi Galande. Thereafter, without providing any employment as assured, have absconded.

6.After perusal of contents of FIR mentioned herein above, at all material times, both the applicants were present in the meeting and have lured round about more than 1000 poor ladies to part with their hard earned money. It can be gathered that the applicants had intention to cheat the poor ladies since the inception.

The criminal over act is mentioned in the FIR. There is prime facie case of cheating made out against both the applicants. Thorough investigation is necessary. The applicants are absconding from the year 2019. Hence, discretion in the nature of anticipatory bail cannot be extended. Hence, following order is passed : ORDER

1.Application stands rejected.

Digitally signed by VARDHAN VARDHAN PRATAPRAO PRATAPRAO DESAI DESAI Date: 2022.09.03
Nashik. ( V. P. Desai) 17:16:57 +0530 Date : 03.09.2022 Additional Sessions Judge, Nashik.