Bombay High Court
Pinki Maurya vs The State Of Maharashtra on 3 June, 2019
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI.ANTICIPATORY BAIL APPLICATION NO.1174 OF 2019
Miss Pinki Maurya ...Applicant
vs.
The State (Through Powai
Police Station, Mumbai) ...Respondent
Mr.Ashish Dubey for the applicant
Mr.A.R.Kapadnis for the State
Ms Rina Lohar, PSI Powai Police Station
CORAM : REVATI MOHITE DERE, J.
DATE : JUNE 3, 2019
P.C.:
1 Heard the learned counsel for the parties.
2 By this application, the applicant seeks pre-
arrest bail in connection with C.R.No.109 of 2018
registered with Powai Police Station for the alleged
offences punishable under sections 420 read with
section 34 of the Indian Penal Code and under
sections 66(D) and (F) of the Information Technology
Act,2000.
3 Learned counsel for the applicant submits that
the applicant has been falsely implicated in the
said case. He submits that the transaction was
between the complainant and the original accused
No.1. He further submits that an amount of
Rs.3,00,000/- was deposited by the complainant in
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accused-Vikas Singh's account and that Vikas Singh
had transferred an amount of Rs.50,000/- in the
applicant's account. He further submits that out of
Rs.50,000/- the applicant has repaid an amount of
Rs.25,000/- to the complainant.
4 Learned APP does not dispute the fact, that
accused-Vikas Singh had transferred an amount of
Rs.50,000/- in the applicant's account and that
out of the said amount, the applicant had repaid
Rs.25,000/- to the complainant.
5 Perused the papers. The complainant was working
with Tata Consultancy Service Company as a developer
where the accused-Vikas Singh was working. It
appears that the accused-Vikas Singh disclosed to
the complainant that he is doing e-commerce business
and as such induced the complainant to invest money
in his business. It appears that Vikas Singh applied
for a loan from HDFC Bank for a sum of Rs.3,00,000/-
on behalf of the complainant, as the complainant had
no money to invest. Vikas Singh also got the loan
sanctioned and transferred some money in his account
and some in the applicant's account. When the
complainant asked Vikas Singh about the money,
Vikas Singh gave evasive answers and went for
training for Malaysia. It is further alleged by the
complainant that Vikas Singh used his credit card
and booked a room in a hotel at Malaysia for
Rs.27,400/-. Pursuant to the aforesaid, the
complainant lodged a complaint with the Powai Police
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Station which was registered vide C.R.No.109 of
2018.
6 As far as the Applicant is concerned, it is not
in dispute that out of Rs.50,000/- given by Vikas
Singh to her, the applicant has repaid the
complainant a sum of Rs.25,000/-. It is also not in
dispute that Vikas Singh has been granted regular
bail. Considering the facts of the case, custodial
interrogation of the Applicant is not necessary.
Accordingly, the Application is allowed and the
applicant is granted pre-arrest bail, on the
following terms and conditions :-
ORDER
i) In the event of arrest, the Applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.25,000/- (Rupees twenty five thousand, with one or two sureties in the like amount ;
ii) The Applicant shall report to the Powai Police Station, Mumbai, on every Monday between 11.00 to 2.00 p.m, till the filing of the charge- sheet and thereafter as and when called for by the Investigating Officer ;
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iii) The applicant shall inform her latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the Powai Police Station, Mumbai;
iv) The Applicant shall not tamper or attempt to influence the complainant or any persons concerned with the case;
v) The Applicant shall co-operate in the conduct of the trial.
7 The Application is allowed and disposed of in above terms.
8 It is made clear, that the observations made herein, are prima-facie, for the purpose of deciding this application.
9 Parties to act upon the authenticated copy of this order.
(REVATI MOHITE DERE,J.) ::: Uploaded on - 07/06/2019 ::: Downloaded on - 14/07/2019 03:58:29 :::