1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No. 331/2011 Gaurav Naresh Shivhare ..Vs.. State of Maharashtra through PSO Gondia (City) Gondia. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. P. N. Mehta, Advocate for the Applicant Mr. S. S. Doifode, A.P.P. for the Non-Applicant CORAM : U.V. BAKRE, J. DATED : 14.10.2011. 1. Heard learned counsel for the parties. 2. The applicant, who apprehends his arrest in Crime No. 179/2011 registered at Police Station Gondia (City), Gondia for 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 has been lodged by Shri. Kanhaiyalal Jethanand Chandwani against six persons, out of which four persons have already been released on bail. Charge-sheet is not yet filed. 4. The case of the prosecution is as follows : One Pravesh alias Pappu Paramchand Vaidya Jain used to do business of Cricket betting and the complainant used to bet and also used to provide funds. In this business, the complainant was due to pay an amount of Rs. 13,00,000/-. On 02/08/2011, the accused persons had called the complainant Kanhaiyalal at the 2 Railway Station and on 03/08/2011, they talked to him on mobile and called him near Kamdhenu Bhojanalaya. After sometime, the complainant went there and saw the accused persons namely Vijay Ragade, Amit Biriya, Ranjit and one more person and Vijay demanded booking amount of Rs. 13,00,000/- plus amount of Rs. 13,00,000/- as interest making 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. About three months prior to that, the present applicant Gaurav and the accused Suresh had extorted an amount of Rs. 4,00,000/- from the complainant. On 04/08/2011, the accused persons had threatened the complainant on telephone by asking him to bring the amount otherwise they would kidnap him. 5. It is thus seen that no role is attributed to the applicant as far as the kidnapping of the complainant on 03/08/2011 and demand of Rs. 26,00,000/- etc. There is no complaint lodged with respect to the previous incident of alleged payment of Rs. 4,00,000/- to the applicant and one Suresh Thakarni 6. Therefore, the main accused persons are the said accused no. 1 to 4. However, all the said four main accused have been already released on bail. 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. Hence, the application is allowed. 8. In the event of the arrest of the applicant in Crime No. 179/2011 registered at Police Station Gondia (City), Gondia for 3 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 Gondia (City) Police Station on 18th November 2011, between 9.00 a.m. to 12.00 a.m. and shall also attend the said 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 India without previous permission of the trial Court. Hamdast granted. JUDGE Punde.