1 MHNS010037642022 Order below Exh. 1 in Criminal Bail Application No. 920/2022.

1.This is an application preferred by applicant Vijaya Nitin Savle for anticipatory bail under section 438 of Cr.P.C. in C.R. No. 492/2019 registered in Sarkarwada Police Station, Nashik for the offence punishable under sections 420, 409, 406, 504, 506 of the Indian Penal Code.

2.In short it is the case of prosecution that applicant induce the complainant and his wife that she will provide job at Canada and permanent residency and took original documents in her custody. She has
also obtained monetary consideration by cash and cheque to the tune of Rs.5,92,500/­.

She failed to provide them job and on demanding the money back she avoided to return. On the count of giving job time to time of providing job Visa as well as FD caused loss of Rs.8,00,000/­. Similarly,
in the year 2015 to 2019 on the count of providing good job complainant had to incurred financial loss of Rs.1,50,00000/­ and they were cheated. On demanding the money she threatened that she will register offence under Atrocity Act.

3. Applicant have sought pre­arrest bail on the count that she is residing at Nashik and doing business. Her husband has expired and she has responsibility of two girls. Earlier anticipatory bail application has
been rejected on the count that she has received original documents. However, no main role is assigned to her and she has accepted the document on the say of accused no.1 due to which police has not arrested her till date. However, now they are repeatedly inquiring with her, hence, she has filed this application. There was no any financial transaction between them. FIR is formal. Original documents are already recovered and given to accused no.1. The originals are in her custody hence she has filed this application. She has never demanded any amount nor the complainant has given any money to her.

Complainant recognized accused no. 1 prior to she joining the partnership firm.

She has been impleaded as partner on 22.09.2017 whereas the complaint will reflect that accused no. 1 and complainant were in touch with each other since 2015.

Nothing has to be recovered from her. No allegations are made against her. She is ready to abide by the terms and conditions. Hence, prayed to allow the application.

4.The Investigating Officer has objected this application on the count that complainant and his wife have given all their education documents, passport and important original documents to the applicant.
Even after repeatedly demanding the same she has not returned them. Offence is serious.

Applicant gave inducement of various types and cheated them of huge amount. Applicant has taken the complainant in confidence on various count that she will provide job, residency Visa and took Rs.5,92,500/­. She has also taken Rs.8,00,000/­ for obtaining the permission. Complainant had left the job on the say of accused for which they have to bear loss of Rs.1,50,00000/­. Even after service of notice under section 41­A of Cr.P.C. she has remained absent. Applicant has utilized the amount given by cash and cheque. They have to conduct detail investigation about it as well as involvement of any other person. They have to also inquired about cheating committed by accused in any other manner. Earlier anticipatory bail has been rejected, hence, prayed that application be rejected.

5.Heard Ld. Advocate for the applicant and Ld. APP for the State in detail. Perused the FIR and the case diary. At the outset it is seen that earlier anticipatory bail application of the applicant has been rejected
on 22.01.2020. As of now notice under section 41­A of Cr.P.C. was issued to the applicant, however, there was no compliance of it. Even otherwise Investigating officer has categorically stated that all the original educational documents of the complainant and his wife along with passport and original documents are with the applicant. Even after lapse of substantial period the same are not returned to the complainant. In such circumstances when Investigating officer has submitted that they have to investigate about the cash amount given by the complainant. They have to inquire about the involvement of any other person for which custody is essential.

6.It is pertinent to state that successive bail application can be filed however applicant is also required to state the change of circumstances to consider the fresh bail application. Except for contending that the earlier bail application has been rejected no new grounds have been made out to consider the present application. Not only the complainant had to forgo his original documents as well as he had to incurred financial loss as the applicant gave inducement of providing job at Canada.

Considering all the facts and circumstances thorough investigation is required. The grounds made by the investigating officer are justified. No case has been made by the applicants to hold that she
has been falsely implicated in the present case. I am not inclined to consider present application.

Hence, I proceed to pass following order :­

ORDER

Application is hereby rejected.

Sd/­xxx

Nashik.

Date : 29/07/2022. (V.S.Malkalpatte­Reddy) Additional Sessions Judge, Nashik.