CNR No.
MHNS010055542022
Order below Exh.1 in Cri. Bail Application No.1325 /2022
( Tejas @ Bunty Suresh Wagh – applicant/accused 2 Vs. State )
This is second application, for prearrest bail u/s. 438 of the
Cr.P.C. in C.R. 95 of 2022 registered with Panchavati Police Station,
Nashik u/ss. 420 r/w.34 of The Indian Penal Code(IPC).
2.
The learned counsel Mr. S.R. Inmadar for the applicant
submits that, applicant is innocent person and he has been falsely
implicated. His parents have expired. Police did not arrest him, though
9 months have been passed since the date of registration of FIR. He did
not make any promise for multiplying the amount from Rs.7,00,000/ to
Rs.23,00,000/, as alleged. 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. Previous
application of the applicant for prearrest bail, bearing 407/2022 has
been rejected by this Court on 21.04.2022. Thereafter, chargesheet
came to be filed against accused 1 & 2 in the Court of Judicial
Magistrate, First Class and both accused have been released on bail by
the said Court.
3.
Learned A.P.P. Mr. R.Y. Suryawanshi by filing pursis
(Exh.4) adopted say (Exh.6) filed by Investigation officer (I.O.) and
strongly objected this application. I.O. PSI Mr. Deore P.S. is present
alongwith police case papers. He states that, applicant is absconding and
has switched off his mobile. His whereabouts are not known and his
physical custody of necessary for the purpose of investigation.
4.
Perused record. Prosecution case is that, accused persons
including applicant, in collusion with each other cheated the informant
and received Rs. 7,00,000/ on the pretext of giving more than triple
amount of Rs. 23,00,000/. However,they did not pay any amount.
Renuka Divekar accused 1 introduced complainant to Tejas @ Bunty
Suresh Wagh accused 2 present applicant, upon whose instructions,
complainant showed money of his bag. Thereafter, one silver colour
Tavera vehicle came there. One person got down who was introduced as
Yogesh @ Mhasoba accused 3 by Renuka accused 1 who would give
triple amount. Two more persons from Tavera got down, Yogesh
accused 3 took money bag of Rs. 7,00,000/ of complainant and Tejas
@ Bunty Suresh Wagh accused 2, Yogesh @ Mhasoba accused 3 and his
two friends fled away from Tavera. Two other persons were also sitting
in Tavera.
5.
In the present case the money of misappropriation/
cheating and vehicle used in the crime are yet to be recovered. Offence
is serious. There is direct involvement of applicant in the commission of
offence. Coaccused Yogesh Gangurde and Yogesh Kshirsagar @
Mhasoba are yet to be arrested. The applicant may hamper or tamer
prosecution witnesses or evidence and may abscond. Previous
Anticipatory bail application of the applicant has already been rejected
by me. There is no
substantial change in the circumstances.
Consequently, his custodial interrogation is necessary for thorough
investigation.
He is absconding and his mobile is switched off. His
whereabouts are not known.
Consequently, I am not inclined to
exercise my discretion in favour of the applicant. Hence, the order.
ORDER
This application stands rejected.
Date : 05.12. 2022.
( S.T. Tripathi)
Additional Sessions Judge8,
Nashik.