IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3863 OF 2009 Majid Yousuf Ansari ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... Respondent. Mr.Amin Solkar, Adv. for the applicant. Ms.M.R.Tidake, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 17th Sept., 2009. PC: The applicant has been arrested by Nagpada police station in CR No.194/09 for the offences punishable under sections 467, 468, 471, 420 read with section 34 of IPC. Perusal of the FIR lodged by one Nazimuddin Kazi on 20.7.09 reveals that his daughter who had passed 12th standard examination and was desirous of seeking admission to BDS course (Bachelor of Dental Surgery). The first informant had a talk with his friend Mohan Salvi in regard to seeking admission for his daughter to the said course. Mohan Salvi received information that one Sayyed Haroon who is working as a laboratory technician in Terna Medical College, Nerul deals in securing admission to students in medical colleges. Hence Mohan Salvi handed over mobile number of Sayyed Haroon to the first informant. The first informant got in touch with Sayyed Haroon and talked with him in regard to admission of his daughter to BDS course. Sayyed Haroon informed the first informant that one Abid Ansari resident of Nagpada is dealing in getting admission to the students and hence passed on mobile number of Abid Ansar who happens to be real brother of the present applicant. The 1 applicant and his brother Abid Ansari are staying in joint family along with their mother. The first informant then contacted Abid Ansari on his mobile phone and informed that the first informant was interested in securing his daughter’s admission to the BDS course. First informant had been to the resident of Abid Ansari on the next day along with Mohan Saliv one Asif Tameez Khan. They met Abid Ansari at his residence at which point of time two women were present and they were introduced by Abdi Ansari as his wife and mother respectively. The present applicant is also stated to be present there. He was introduced by Abid Ansari as Majid. Thereafter the first informant had detailed discussion in regard to securing admission of his daughter and Abid Ansari assured them that the first informant’s daughter would be admitted to the Government Nair Dental College, Central Mumbai and for securing the said admission he demanded sum of RS.4 lacs. The first informant settled the amount and agreed to pay sum of Rs.3.5 lacs. Thereafter repeatedly first informant contacted Abid Ansari and he went on promising that without fail daughter of the first informant would be admitted to the BDS course. The first informant had made certain payments by cheque and rest of the amount in cash. Thus total sum of Rs.3.20 lacs has been paid by the first informant to Abid Ansari. Perusal of the entire FIR makes it amply clear that the deal was struck by the first informant with Abid Ansari for securing admission of his daughter in the concerned college. However Abid Ansari could not secure the seat in the said college and thus a complaint has been filed. There are no averments in the FIR that the present applicant had made any representation and thereby induced the first informant to part with money. All the averments are against Abid Ansari. Having regard to the totality of facts and 2 circumstances and the role attributed to the present applicant in my view the applicant is entitled to be released on bail. In the result I pass the following order: The applicant-Majid Yousuf Ansari shall be released on bail on executing personal bond in the sum of Rs.20,000/- with one or two sureties in the like amount. The applicant is permitted to deposit bail amount in cash for a period of four weeks within which period the applicant shall arrange for the sureties. The applicant shall attend Nagpada police station once in a week on every Saturday between 4.00 to 6.00 p.m. till filing of the charge sheet. Application stands disposed of. 17.9.2009. 3