1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5067 OF 2009 Chetan Ashok Mehta ...Applicant vs. The State of Maharashtra ...Respondent Mr.S.K. Shinde i/b. Mr.Sagar Kasar for the Applicant. Mr.J.P. Kharge, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 9, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant apprehends arrest in connection with an offence punishable under Section 420 of the IPC. 3 It is alleged that the complainant had given gold ornaments and cash of Rs.19,000/- to the 2 applicant herein on a representation being made by him that he would give her admission in MBA course in Mumbai. It is alleged that after sometime since the applicant could not give the said admission to her as assured by him in MBA course, she demanded the said gold ornaments and cash of Rs.19,000/-, According to her, he returned the said ornaments and did not return the cash amount, which was kept by her in the safe custody. Later on, it appears that the said gold ornaments were fake ornaments and therefore, a complaint was lodged. 4 According to the applicant that the allegations are false and fabricated. The applicant and the complainant had love affair and since both of them belonged to different communities, father of the complainant had given threat to the present applicant to disassociate himself with the complainant. Thereafter, the applicant had filed NC complaint against her father. Consequently, the present false complaint has been filed. 3 5 Interim order was granted by this Court by order dated 17th November,2009. An affidavit in reply has been filed by the State. There is no material on record to indicate that the complainant had entrusted the said gold ornaments to the applicant. No receipt was obtained by the complainant after the entrustment of the said jewellery nor any receipt was obtained after the gold ornaments were allegedly returned. Since entrustment is not established by the complainant, the ingredients of the offence of Sections 420, 406 have not been established by the prosecution. The applicant is, therefore, entitled to be released on bail in the event of his arrest. 6 The applicant in the event of his arrest in C.R.No.181/2009 which is registered with the Bhayander Police Station for the offence punishable under Sections 420 of the IPC, shall be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall co-operate 4 with the police and shall report to the police station as and when called. 7 Application is disposed of. (V.M. KANADE, J.)