1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.336/2011. (Sureshkumar Vasantaram Thakarni Vs. The State of Mah. Thro. PSO PS Gondia (City), Gondia) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. P.R. Puri, Advocate for the Applicant. Mr. S.S. Doifode, A.P.P. for the Respondent/State. ----- CORAM: U.V. BAKRE, J. DATE: 18 TH OCTOBER, 2011. 1. Heard Mr. P.R. Puri, learned Advocate for the Applicant and Mr. S.S. Doifode, learned A.P.P. for the Respondent/State. 2. The applicant, who apprehends his arrest in Crime No.179/2011 registered at Police Station Gondia (City), District Gondia for the offence punishable under Sections 386 and 387 read with Section 34 of the Indian Penal Code, has filed the present application for anticipatory bail. 3. The complaint is lodged by one Kanhaiyalal Jethanand Chandwani, against six persons, out of which four have already been released on bail, whereas fifth one Gaurav Shivhare has been granted anticipatory bail by this Court by order dated 14.10.2011. 4. The prosecution case in short is as follows: One Pravesh @ Pappu Paramchand Vaidya Jain, used 2 to do business of Cricket betting and the complainant used to bet and also used to provide funds. On account of this business, the complainant was due to pay an amount of Rs.13,00,000/- and on 03.08.2011, the accused persons had allegedly talked to the complainant on Mobile and had called him near Kanhaiyalal Bhojnalaya. After some time when the complainant went there he saw the accused persons namely Vijay Ragade, Amit Biriya, Ranjit and one more person and Vijay demanded the said amount of Rs.13,00,000/- plus further amount of Rs.13,00,000/- towards interest making the total demand of Rs.26,00,000/-. Thereafter, all the accused persons took the complainant near the Railway Bridge and threatened to kill him by putting him on the Railway track. 5. It is the above four accused persons who have already been released on bail. The allegation against the present applicant and the said Gaurav Shivhare is that about three months prior to the above incident they had allegedly extorted an amount of Rs.4,00,000/- from the complainant. 6. It is thus, seen that no role is attributed to the present applicant as far as the main incident of kidnapping the complainant on 03.08.2011 and the demand of Rs.26,00,000/- etc. It is seen that that there is no separate complaint lodged with respect to the previous incident of alleged extortion of Rs.4,00,000/-. 7. No purpose will be served by detaining the applicant in custody in the event of his arrest. Therefore, the applicant is entitled for anticipatory bail. 3 8. The application is allowed. 9. In the event of the arrest of the applicant, in Crime No.179/2011 registered at Police Station Gondia (City), District Gondia, for the offence punishable under Sections 386 and 387 read with Section 34 of the Indian Penal Code, he shall be released on bail, upon execution of personal recognition bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount under the following conditions namely: (i) The applicant shall attend the Police Station Gondia (City), District Gondia on 22.10.2011 between 09.00 a.m. to 12.00 noon and shall attend Police Station as and when called upon by the Investigating Officer to do so. (ii) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer. (iii) The applicant shall not leave Gondia District without previous permission of the trial Court. 7. The application stands disposed of accordingly. Hamdast granted. JUDGE NSN