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Cri.B.A.No.1016/2022
Criminal Bail Application No.1016/2022
CNR No. MHNS010043742022
[Ramkrushna Shantiram Dike V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
CR.No.I­163/2022 registered with Satpur police station for the
offence punishable under Sec.364A, 384, 386 r/w 34 of IPC, on the
basis of FIR lodged by Narendra Balu Pawar.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That the
name of present applicant has not been mentioned in FIR. The
applicant is arrested only because he is a relative of main accused
Uddhav Wagh. It is not the case of the prosecution that the present
applicant was involved in the abduction of informant. That an
amount of Rs.2,40,000/­ has already seized. That the applicant is
engaged in the business of dealing of used cars and Uddhav Wagh
had purchased car in which applicant had acted as mediator and
Uddhav Wagh paid amount towards the same. That applicant is
respected person in the society. He is earning member of family.
That the applicant is ready to co­operate with investigating
machinery. No purpose is going to be served by keeping him in
custody. That the applicant is in custody since 10.8.2022. That
allegations are fake and applicant was not present at the relevant
time. That he shall not tamper with prosecution evidence and
witnesses and will not abscond if released on bail. He is ready to
abide by all the terms and conditions imposed by the court. On
these main grounds and others have prayed for bail.

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3.

Cri.B.A.No.1016/2022
Notice was issued to State. State appeared through Ld.

APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that the offence is serious one and committed with
common intention. That accused is dealing in business of Car and
Uddhav Wagh is his relative. That accused visited to the office of
informant at Padegaon, Aurangabad where persons are giving
training about Share Market and Crypto Market and since then, the
informant closed his office. That the crypto currency USDT
Rs.3,40,000/­ of informant which was transferred by accused
Uddhav Wagh in his account, out of which, the amount of
Rs.1,40,000/­ seized in the investigation. Ertica Car No.MH­20, one
plus and I­phone mobile of informant has to be seized. The
investigation is to be done with respect to the use of Crypto
currency. If released on bail, they will pressurize informant and
witnesses. On these main grounds and others have prayed for
rejection of the bail application.
4.

Heard Ld. Advocate Mr.Vaishampayan for applicant.

Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police
papers and say filed by Satpur police station.
5.

On perusal of FIR as well as case papers, it is apparent
that the informant Narendra Pawar R/o. Nashik, Maharashtra was
abducted on 29.6.2022 from his Audi car and forcibly kept in Ertica
Maruti vehicle having registration No. MH­20. He has categorically
stated that his two mobiles were forcefully taken at the knife point
and that there was demand of Rs.5 crores. Furthermore, FIR states
that he recollects that 3 suspects had come to his office on
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Cri.B.A.No.1016/2022
20.4.2022 at Aurangabad. Out of two persons sitting on rare seat,
he suspected voice of Uddhav Wagh [present applicant]. The FIR
further revealed handing over amount of Rs.20 lacs to unknown
person by Vijay Kharat, friend of the informant at Aurangabad at the
instance of one of the persons who abducted him. Furthermore,
under the pretext of taking to friend’s house, to arrange money, he
went to his own house at Antariksha Apartment and smartly entered
his own house.
6.

From the FIR, it can be gathered that the informant is
suspecting presence of present applicant in Ertica car. It is settled
principle of law that FIR is not encyclopedia of the crime. The
statement of Vijay Kharat is recorded who has categorically stated
about handing over Rs.20 lacs at Cidco bus stand, Aurangabad to
person wearing red colour checks shirt on 29.6.2022. The
supplementary statement of the informant states that the unknown
persons have transferred 3.27 Crypto Currency equivalent to Rs.1
crore by using Bynance App on wallet addresses.
7.

The investigation reveals that Crypto currency in USDT
Rs.3,40,000/­ is transferred in the wallet maintained by present
applicant. During police custody, an amount of Rs.1,40,000/­ was
seized by the Investigating Officer. Further investigation reveals that
amount of Rs.2 lacs is deposited by the relative of the applicant. The
present applicant is not facing allegations that he abducted the
informant on 29.6.2022. The allegations faced by him are that
Crypto currency was transferred in his account.

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8.

Cri.B.A.No.1016/2022
At the time of hearing, the advocate appearing on behalf
of informant has submitted that he has no objection if bail is
granted to the applicant on depositing the amount received by him.
Now the entire amount of Rs.3,40,000/­ is seized by the police.
Nothing is to be seized from the present applicant. The report of the
police suggest that there are no criminal antecedents against the
present applicant. Thus, on certain terms and conditions, discretion
can be exercised in favour of applicant. Hence, the following order
is passed.
ORDER
(1). Application is allowed.
(2). The applicant Ramkrushna Shantiram Dike be released on bail
in CR.No.I­163/2022 registered with Satpur police station for
the offence punishable under Sec.364A, 384, 386 r/w 34 of
IPC, on furnishing a PR and SB of Rs. 30,000/­ with one or
more sureties of like amount on following conditions.
(a). He shall attend Sapur Police Station on every Sunday
between 10.00 a.m. to 1.00 p.m. till filing of the charge sheet,
(b). He should furnish two documents about his identity proof and
two documents in respect of identity proof of his relatives.
(c). He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case, so as to dissuade them from disclosing such facts to
the Court or to any police officer.
(d). Violation of any of the above mentioned condition, would
result in cancellation of bail.

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Cri.B.A.No.1016/2022
(3).

Inform concerned police station accordingly.

(4).

Bail before JMFC Court
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 07/09/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.09.07
16:41:28 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.