..1..

Cri.B.A.No.1006/2022
Order below Exh.01 in Cri.B.A.No.1006/2022
CNR No.MHNS010043632022
(Uddhav Bakaram Wagh vs. State)
The
applicant
has preferred this
application
for
anticipatory bail praying therein that he may be released on bail in
the event of arrest in connection with 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 been mentioned in FIR only on
suspicion of informant that voice of one of the person sitting in the
car when informant was being taken in car by concern persons, was
found to be similar to that of applicant. Name of present applicant
has mentioned in FIR due to business rivalry. That applicant is
respected person in the society. He is earning member of family.
There is no progress in investigation since registration of offence.
That the applicant is ready to co­operate with investigating
machinery. No purpose is going to be served by keeping him in
custody. 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. That
informant has not seen the present applicant. That the allegations
are
completely
fake.

For
taking
voice
samples,
custodial
interrogation is not necessary. As per story narrated by informant,
..2..

Cri.B.A.No.1006/2022
cash amount of Rs.20,00,000/­ was handed over by friend of
informant to some unknown person at Aurangabad. There is no
question of recovery of any amount at the instance of present
applicant. 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 the offence is serious one and committed with
common intention. That accused and his wife have account in
International Crypto Exchange by name ‘Bynance’. That accused
along with other accused Dilip Dongare and Umesh Mhaske 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. The accused Suresh More
called informant under the pretext that he wanted some information
about Share market and forcibly taken the informant in Ertica Car
No.MH­20 by assaulting and threatening him, took out his I­phone
mobile and demanded Rs.5 crores as ransom. The amount of Rs.20
lacs was accepted by accused. The accused transferred crypto
currency from the I­phone of the informant to the wife of the
applicant. The custodial interrogation of the accused is necessary.
He will not co­operate with investigating machinery if released on
bail. 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.

..3..

5.

Cri.B.A.No.1006/2022
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
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 address. The said transaction
is dated 29.6.2022 at 20.40 hours i.e. the time when the informant
was abducted. The material collected by Investigating Officer
..4..

Cri.B.A.No.1006/2022
reveals that this amount is transferred in the account of wife of
present applicant. The Investigating Officer has written letter to
Bynance App and even this app has informed that 3.27 Crypto
currency is transferred in the account of Shital Wagh i.e. wife of the
applicant. The statement of Shital Wagh is recorded and she has
categorically stated about 3.27 Crypto currency being transferred in
her account which is opened and operated by her husband.
7.

Ld.Adv.Mr.Vaishampayan
had submitted that both
informant and applicant were in business of shares. There was
initial transaction between the informant and applicant and the
informant owed money to the applicant. There are whatsapp chats
between them which will establish his contentions and therefore, to
run away from liability, false FIR is lodged.
8.

On inquiry with Ld.Adv.Mr.Vaishampayan whether he
has any document or other material to substantiate his contentions,
he showed his inability to produce anything. The applicant was
granted interim bail. If at all, there was such document or material,
he had all the opportunity to produce it, but he failed to do so.
9.

The record shows that the informant was assaulted. The
amount of Rs.20,00,000/­ in cash was handed over by his friend
Vijay Kharat, his Audi car and two mobiles were taken away by
accused persons and 3.27 crypto currency being transferred in the
account of wife of applicant. There is prima facie case of
involvement of the present applicant in the crime. He is prime
beneficiary of the crime. Huge amount is involved. The custodial
..5..

Cri.B.A.No.1006/2022
interrogation of the applicant is necessary. Hence, discretion in
nature of anticipatory bail cannot be exercised. The other accused
persons are still absconded. Hence, following order is passed :
ORDER
(1). Application stands rejected.
(2)
The ad­interim relief granted on 16.8.2022 is vacated.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 06.09.2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.09.07
16:41:15 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.