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MHNG010076882020
BEFORE THE SESSIONS COURT AT NAGPUR
(Presided over by V.B. Kulakarni, District Judge1 & Additional Sessions Judge, Nagpur)
Misc. Cri. Application No. 2752/2020
Amol S/o Rajput Belekar,
Aged 34 Years, Occ: Business,
R/o Ward No.5, J.N. Road,
Taluka Parseoni, KandriKanhan,
Nagpur. … APPLICANT
...Versus...
The State of Maharashtra, through
Police Station Officer, Police Station,
Kanhan, Nagpur. … NONAPPLICANT
APPLICATION FOR GRANT OF ANTICIPATORY BAIL UNDER SECTION
438 OF THE CODE OF CRIMINAL PROCEDURE...
ORDER BELOW EXH.1
(Passed on this 20th day of October, 2020)
2. It is contention of the applicant that he is apprehending his
arrest in connection with the above offence, registered on the basis of
the report lodged by the complainant Bhoomiraj Uikey, resident of
Kanhan. According to applicant, it is alleged in the report dated
27/9/2020 lodged by the complainant that he had taken hand loan of
Rs.50,000/ from the accused Yogesh Belekar and he had returned the
amount of Rs.98,000/ from time to time, but the accused persons were
demanding more amount Rs.30,000/. It is further alleged that as the
complainant failed to pay that much amount, therefore, the present
applicant and other accused persons took the complainant on their
motorcycle at Nagpur and confined him in one room throughout the
night and also beaten him by fist blows and threatened to kill him if he
failed to pay the remaining amount of Rs.30,000/. Therefore, after
returning to home, the complainant lodged report with the police
station. It is submission of the applicant that his name is not mentioned
in the FIR and there is no any allegation levelled against him. It is
contention of the applicant that there was some financial dispute
between the complainant and the main accused and therefore, in anger
manner the present offence came to be registered. According to
applicant, he has not committed any offence as alleged, but without
preliminary inquiry, the police have registered the offence on the basis
of the false allegations levelled by the complainant. It is submission of
the applicant that for the purpose of investigation, the custody of the
applicant is not required and this is purely a matter of civil nature and
therefore, he prayed that he may be protected by grant of anticipatory
bail. It is further submission of the applicant that he will abide by any
terms and conditions imposed by this Court and will also cooperate in
3 Misc. Cri.Appln. No.2752/2020
the investigation machinery. On these grounds, the applicant has prayed
to grant anticipatory bail to him on any terms and conditions.
4. On this application, I have heard the learned counsel Mr.
N.S. Giripunje, Advocate appearing for the applicant. It is argued by
him that the name of present applicant is not mentioned in the FIR and
he has been falsely implicated in the present crime. He further argued
that the complainant is old friend of the applicant's brother and out of
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friendship, the hand loan was advanced to the complainant, but he is
not repaying the said loan amount and as the amount was demanded,
hence, he has falsely implicated the present applicant and others by
lodging the false report. I have also heard Learned APP Mr. Gadewar.
He argued on the line of say filed by the Investigating Officer and
prayed to reject the application.
5. After hearing both the sides at length, I have also carefully
gone through the contentions in the anticipatory bail application and
the say filed by the prosecution at Exh.5. Perusal of say filed by the I.O.
shows that offence punishable under Sections 363, 342, 323 and 506 of
the Indian Penal Code is alleged against the applicants and now, the
offence under Sections 346 and 365 IPC have been added in the crime.
It is seen that the allegations levelled against the applicant/accused are
such that the main accused had advanced hand loan of Rs.50,000/ to
the complainant in the year 2016 and it is further alleged by the
complainant that he had paid the amount of Rs.98,000/ to the accused
persons from time to time, but they were again demanding Rs.30,000/
towards interest. It is further seen that it is a simple case that the
complainant has taken hand loan from the brother of the present
applicant/accused and according to the applicants, the complainant had
not repaid the entire amount. It is alleged against the applicant that he
along with other accused persons had taken the complainant on
motorcycle and kept him in one room for a night and thereafter, they
released him. It is further alleged that during the said night, the accused
persons had beaten the complainant by fist blows. It is seen that there is
no need of any custodial interrogation of the applicant, because the
transaction between accused and the complainant is of hand loan and
5 Misc. Cri.Appln. No.2752/2020
the complainant himself admitted that he had obtained hand loan from
the main accused and moreover, three of the accused persons are
already granted adinterim anticipatory bail. It is argued by the learned
APP Mr. Gadewar that the present applicant and other accused persons
are having criminal past record and therefore, as this is a case of
kidnapping, the anticipatory bail cannot be granted to the applicant. In
this respect, learned counsel Mr. Giripunje appearing for the applicant
has vehemently argued that in this matter, important question is that
when the accused persons were demanding excessive amount and were
always threatening to the complainant, then as to why he has not
lodged any report earlier.
6. Considering all the above facts and circumstances and the
arguments advanced by the learned APP as well as learned counsel for
the applicant and also considering the fact that three accused persons
have already been granted anticipatory bail, I am of the view that such
type of offence can be investigated by directing the accused to attend
the Investigating Officer and cooperate in the investigation. It is
submission of the Investigating Officer that one moped vehicle is
required to be seized. The Investigating Officer can seize the vehicle
when the accused will attend the police station. The Investigating
Officer is also having right to record the statement of the accused during
investigation. Considering all these facts and in the given circumstances,
I have no hesitation to hold that this is a fit case to grant anticipatory
bail to the applicant. Hence, I proceed to pass the following order.
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O R D E R
i) The application (Exh.1) filed by the applicant
for grant of anticipatory bail, is allowed.
iii) The applicant shall not, directly or indirectly
make inducement, threat or promise to any person
acquainted with the facts of the accusation against him so
as to dissuade them from disclosing such facts to the Court
to any police officer.
iv) The applicant shall attend the Police Station,
Kanhan, Dist. Nagpur on every Monday, Wednesday,
Friday and Saturday and cooperate in the investigation,
till filing of the chargesheet.
Digitally signed
by Vasant
Bhaskar Kulkarni
Location: Nagpur
Dt/20 October, 2020
th
(V.B. Kulkarni)
District Judge1 & Additional
Sessions Judge, Nagpur
7 Misc. Cri.Appln. No.2752/2020
C E R T I F I C A T E
Name of Stenographer : Shripad W. Patil