CNR No. MHNS010014402022
Order below Exh. 1 in, Cri. Bail Application No. 408/2022

(Savankumar Amrutlal Parmar applicant/ accused 13 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 learned Judicial Magistrate u/s. 156(3) of Cr.P.C. on 20.2.2022.

2.Learned Advocate Mr. M.S. Honpatil for the applicant submits that, from the F.I. Statement, at Sr. No. 10 name and account number of applicant is mentioned against Axis bank but amount column is blank meaning thereby no amount was accepted by present applicant. He is Government servant. He has got fixed and permanent place of residence and undertakes to cooperate investigation. He is falsely implicated and has nothing to do with the alleged commission of the offences. Applicant is ready to abide by any of the terms and conditions to be imposed by this Court .

Hence, he be released on bail.

3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.6) adopted say filed by I.O. (Exh.5) and strongly objected this application. I.O. is present alongwith case dairy.

4.Today, learned Advocate Mr.J.S. Vaishanpayan for the informant has also filed an application alongwith list Exh.10/1, stating therein that, witness Anil Ashok Ahwad had transferred from his account No.915010007440201 Rs. 3,75,000/­ in the account of applicant.

5.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 but failed to return the same.

6. According to learned A.P.P. and I.O., accused 1 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 wherein accused persons are partners, parted amount from the informant and many other persons. Accused 1 is not at all its director. Applicant disclosed his wrong name, as it does not match with the application. They 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 are 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. Perusal of police papers reveals that, there is direct involvement of the applicant in the crime. There is every likelihood that he 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. 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: 30.03.2022. Additional Sessions Judge­7, Nashik.