Bombay High Court
Girish @ Anil Uttamrao Kadam And Ors vs The State Of Maharashtra on 9 July, 2021
Author: Bharati Dangre
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1515 OF 2021
Girish @ Anil Uttamrao Kadam & Ors. .. Applicants
Versus
The State of Maharashtra .. Respondent
...
Mr.Kuldeep U. Nikam for the Applicants.
Mrs.A.A.Takalkar, APP for the State.
...
CORAM: BHARATI DANGRE, J.
DATED : 9th JULY, 2021
P.C:-
1. The complaint is lodged by one Aniket Raj, who is a
student of engineering in Bharati Vidyapeeth College. The
complainant is resident of State of Bihar. The complainant was
acquainted to applicant No.1 and he had assisted him in
securing a fat when he came from State of Bihar for the
purpose of education. One Nikhil Kadam, Girish Kadam and
Deepak Singh stated to be the persons, who used to give money
to the students on interest. Prior to eight months back, he had
obtained a hand-loan of Rs.20,000/- from Girish Kadam and
agreed to pay 10% interest. Prior to two months, the
complainant also sought hand-loan of Rs.1,00,000/- from
Nikhil Kadam, who told him that he would obtain the money
from one Nilesh Pawar, who was into money lending business,
but it would come with interest of 20%. Since, the complainant
was in dire need of money, amount of Rs.1,00,000/- was
transferred to his account in installments and Rs.30,000/-
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were also borrowed by him from Deepak Singh. The
complainant states that he used to repay the amount in
installments, but since in the current month he was unable to
repay the amount, a demand was made by Deepak Singh by
forwarding him a message, which he responded by saying that
he do not have money. The other persons, who had advanced
loan to the complainant started demanding their money back.
The complainant then refer to an incident dated 18 th
May, 2021 when the accused persons arrived at the spot and
started abusing the complainant, who was present with his
friends and they also called up his father and asked him to
send the money. The accused persons were assured that the
money would be paid back. The allegation is that the accused
persons present started abusing and assaulting him on the
ground that the money was not returned. The complaint then
narrates the future events where it is projected that he was
abducted and placed in a room where he was again abused and
assaulted.
2. Co-accused Nikhil Kadam and Deepak Singh, who are
specifically attributed a role in the complaint, have been
released on bail by the Additional Sessions Judge, Pune on
03/06/2021 and 11/06/2021 respectively. The role attributed
to the applicants is of a similar nature, only difference being
the applicants are seeking bail in the event of their arrest
whereas other co-accused are released on bail, after their
arrest. When the complaint is perused, the complainant, in
great detail, has narrated the chronology of events specifying
the particular role to the applicants and other accused
persons. When asked, learned APP states that the
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complainant was not sent for medical examination as he did
not receive any injury. The complaint could thus reveal that
the amount was due to the applicants from the complainant
and they were demanding the amount advanced by them to
the complainant. The submission of the learned counsel for
the applicants is that since the amount was demanded back,
they are foisted with the false case of kidnapping the
complainant.
3. Taking into account the events narrated in the
complaint, which resulted into registration of FIR, no custodial
interrogation of the applicants is necessary. The prosecution
has not expressed any apprehension that the applicants would
not be available for trial or would fee away the courts of
justice. Hence, the applicants are entitled to be released on
bail in the event of their arrest, subject to the following
conditions.
: ORDER :
(a) Application is allowed.
(b) In the event of arrest in C.R.No.427 of 2021
registered with Bharati Vidyapeeth Police Station, District Pune, applicant No.1-Girish @ Anil Uttamrao Kadam, applicant No.2-Ganesh @ Tushar Balu Mankar, applicant No.3-Harshavardhan Subhash Funde and applicant No.4-Atul Rajendra Pasalkar shall be released on bail on furnishing P.R. bond to the extent of Rs.20,000/- each with one or two sureties of the like amount.
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(c) The applicants shall report to the concerned police station as and when called for and shall co-operate with the investigation.
(d) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with the prosecution evidence.
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