CNR No MHNS010014772022 Order below Exh. 1 in, Cri. Bail Application No. 417/2022
(Sachinbhai Purushottambhai Walera applicant/ accused 1 Vs. State )
This is an application,for prearrest bail u/s. 438 of Cr.P.C. in C.R. No.47/2022 registered with Gangapur police station, Nashik u/ss. 409, 417, 420, ,465, 468, 470, 471, 504, 506 r/w.34 of Indian Penal Code(for short “IPC”) wherein FIR was registered on the basis of order passed by Ld. J.M.F.C., u/s. 156(3) of Cr.P.C. on 20.2.2022.
2.Learned counsel Mr. M.S. Honpatil for the applicant submits that, he is innocent person and has been falsely implicated. He is ready to abide by any of the terms and conditions to be imposed by this Court. He has got fixed and permanent place of residence and undertakes to cooperate investigation. He has returned entire amount.
3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.10) adopted say filed by I.O (Exh.9) and strongly objected this application.
I.O. is present alongwith case dairy. Ld. Advocate Mr. J.S. Vaishanpayan for the informant orally objected this application.
4.Perused record. It is the case prosecution that, accused persons in collusion and connivance with each other, by giving false promise of giving better returns on investment of money, received amount of Rs. 6,80,00,000/ from time to time from informant and other business man but failed to return the same and thereby cheated, forged documents and committed breach of trust.
5.According to learned A.P.P. and I.O., applicant Sachin Walera by falsely representing that, he is director of Abhik Private Limited Company and rest of the accused are its partners and said company had received tender from Rajasthan and Gujrath etc. for advertisement and Green Jim, parted amount from the informant and many other persons. Applicant is not at all its director. He issued false visiting card. Informant deposited Rs.74,20,239/ in his personal account and Rs. 9,00,000/ in Needle Craft society of IDBI Bank of applicant. Informant further deposited Rs. 3,93,54,778/ though bank account and in all Rs. 6,80,00,000/ has been deposited from time to time by informant and other businessmen upon false assurance by the applicant in collusion with other accused persons. I.O. strongly objected it on the grounds that, statements from the banks are yet to be received in response to correspondence made by him. It could not be obtained as banks were busy due to year ending accounting year. Racket at inter State level is to be busted, investigation is to be carried out with banks and witnesses, applicant may tamper or hamper prosecution witnesses and evidence.
6.Perusal of police papers reveals that, there is direct involvement of the applicant in the crime. There is every likelihood that he may hamper or tamper prosecution witness or evidence, may abscond and may not be available for investigation which is incomplete. Property is to be recovered and accused are to be arrested.
Inter State investigation is to be carried out. Offences are serious in nature. For the purpose of investigation, on above grounds custodial interrogation is necessary. Though, today learned counsel by filing documents submitted that applicant has returned amount of Rs. 88,90,000/ however, huge amount i.e. Rs. 6,80,00,000/ is involved.
Above grounds shown in the application are not just and satisfactory. In the circumstances, I am not inclined to exercise my discretion in favour of the applicant. Consequently, this application is liable to be rejected.
Hence, the following order.
ORDER
This application stands rejected.
( S. T. Tripathi ) Date: 05.04.2022. Additional Sessions Judge 7, Nashik.