Bombay High Court
Sudaee Chirau Yadav vs The State Of Maharashtra on 16 March, 2020
Equivalent citations: AIRONLINE 2020 BOM 556
Author: Prakash D. Naik
Bench: Prakash D. Naik
Sajakali Jamadar 1 of 3
913-ABA-620-2020-ABA-449-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 620 OF 2020
Sudaee Chirau Yadav ...Applicant
Versus
The State of Maharashtra ...Respondent
WITH
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 449 OF 2020
Akbar Jamil Khan ...Applicant
Versus
The State of Maharashtra ...Respondent
.....
Mr. Aniket Vagal, Advocate for the Applicant in both Anticipatory Bail
Applications.
Mr. H. J. Dedhia, APP for the Respondent - State.
.....
CORAM : PRAKASH D. NAIK, J.
DATE : 16th MARCH, 2020
PC :
1. The applicants in both these applications are apprehending
arrest in connection with C.R. No. 25 of 2020 registered with D.B.
Marg Police Station, Mumbai for offences punishable under Section
384 of Indian Penal Code. The FIR was lodged on 7th February, 2020.
2. The complainant has alleged that, one person who introduced
himself as Tejkumar Morya @ Rajesh Khabari met the complainant
about six months ago. He stated that he is police informant. He has
raided several places along with police. He demanded amount of Rs.
10,000/- as protection money and Rs.5,000/- per month. On 7 th
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Sajakali Jamadar 2 of 3
913-ABA-620-2020-ABA-449-2020.doc
February, 2020 the complainant received call. Since the complainant
was busy in work the complainant could not take the call. Thereafter,
the complainant called the caller. Accused Tejkumar Morya @ Rajesh
Khabari told the complainant to pay amount of Rs. 5,000/- and
called the complainant at Gokuldham Hotel. The complainant gave
information to police. Trap was arranged and the accused was
apprehended.
3. The applicants had preferred applications for anticipatory bail
before the Sessions Court which has been rejected.
4. Learned advocate for the applicants submitted that there is no
involvement of the applicants in the present crime. Specific role has
been attributed to arrested accused Tejkumar Morya @ Rajesh
Khabari. The threats of extortion were going on since one month but
the complainant did not make any complaint. The arrested accused
had demanded money and told the complainant to part with the
amount on the date of his arrest. There is no connection of the
applicant with the said crime. The threats of extortion was attributed
to the co-accused and not to the applicant. Hence, custodial
interrogation of the applicant is not necessary.
5. Learned APP submitted that the investigation is in progress.
Supplementary statement of the complainant was recorded which
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Sajakali Jamadar 3 of 3
913-ABA-620-2020-ABA-449-2020.doc
attributes specific role to the applicants. It is submitted that the
applicants are named in the supplementary statements. Statements
of the other witnesses to whom similar threats were issued are also
recorded. The applicants were instrumental in making calls to
victims. The call details collected during investigation supports
prosecution case. There are criminal antecedents against both the
applicants.
6. I have perused the FIR and the other investigation papers. The
supplementary statement of the complainant involves the applicants.
Role has been attributed to the applicants. The applicants are
allegedly indulging in extortion activities. Both have criminal
antecedents. The call data of recorded calls collected during
investigation is incriminating against the applicants. Statement of
witnesses shows the involvements of the applicants. Interrogation of
the co-accused also disclosed complicity of the applicants. Hence, no
case for grant of anticipatory bail is made out.
7. Hence, I pass the following order :
ORDER
Anticipatory Bail Application Nos. 620 of 2020 & 449 of 2020 stand rejected and disposed of accordingly.
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