IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 4014 OF 2008 CRI.APPLICATION NO. 4014 OF 2008 CRI.APPLICATION NO. 4014 OF 2008 Bharat Sohan Jain @ Bhandari, .. Applicant. Vs The State of Maharashtra, .. Respondent Mr R.D.Suryawanshi, for the applicant. Ms A.T.Jhaveri, APP, for the State. Ms Savita Munde i/b Mr Rishi Bhuta for Intervenor. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 25/11/2008 DATE : 25/11/2008 DATE : 25/11/2008 PC: PC: PC: 1. Heard learned counsel for the parties. 2. The applicant is seeking anticipatory bail in C.R.No.427 of 2008 of D.N.Nagar police station, Mumbai. The said crime has been registered against the applicant and his father for having allegedly committed an offence punishable under sections 420 read with 34 of IPC. 3. The prosecution case against the applicant and his father is that they were paid Rs.two lacs by the complainant and that they had assured an admission to his daughter into F.Y.Science (Bio-tech) in Bio Technical College, Mumbai. The applicant, however, could not obtain the admission and has, thereby, cheated the complainant. 4. Mr Suryawanshi, submitted that there were some disputes between the complainant and the accused over brokerage amount of some transactions entered into by the complainant at the instance of the applicant. That dispute arose in November, 2005. Thereafter, there was a complaint by the applicant and his father against the complainant, which was registered by the police as N.C. The applicant, thereafter, had made written complaint against the complainant to the Superintendent of Police. It is against this backdrop, Mr Suryawanshi submitted, the complainant has alleged that he paid Rs.two lacs to the applicant for obtaining admission to his daughter into Bio Technical College of Mumbai. Learned APP submitted that the applicant has cheated some other persons also but she could not produce a single statement or any other document to show that the applicant has cheated any other person in the similar manner. Looking to the nature of allegations and the background in which the allegations are made, I am inclined to grant this application for anticipatory bail. Hence, the following order. 4. In the event of arrest, the applicant to be released on bail in the sum of Rs.1,00,000/- with one or two sureties to make up the said amount, subject to condition that he shall report to the concerned police station every alternate day between 10 and 11 am till 10.12.2008 and thereafter as and when called. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)