..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2458 OF 2008 Upendra Bansidhar Dubey. ..Applicant. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.R.Sathyanarayanan, Adv. for applicant. Mr.H.J.Dedia, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 30th July, 2008. DATED : 30th July, 2008. DATED : 30th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.123 of 2008 of Charkop Police Station. The said case is under Section 306 of IPC. 3. It is seen that the deceased had taken loan from various Banks including ICICI Bank, HSBC Bank and some other Banks. There was default on his part in paying the said loans, hence the recovery agents used to visit him seeking repayment of the loans. On 21.4.2008 the deceased committed ..(2).. suicide. The deceased left behind a suicide note wherein it is stated that the Banks had imposed heavy interest and killed him. As far as this aspect is concerned, the loans are taken as per the agreements entered into by the Bank and the person who takes the loan. The rate of interest is fixed. The rate of interest is fixed between the parties at the time of taking the loan. Hence the deceased knew what interest he would have to pay on the loan that he had taken from the banks. Clearly there was default on the part of the deceased in repaying the loans. Hence the recovery agents were insisting that he should repay the money. 4. The case of the prosecution is that applicant went to the shop of Rajkumar in order to collect the death certificate of Nayanlal. Hence at that time the complainant informed the police and thereafter the applicant came to be arrested. The deceased has not attributed any role of harassment to the present applicant personally. The applicant is working in a call centre Andromeda Marketing Pvt. Ltd. which was handling the phone call relating to City Financial Consumer ..(3).. Finance India Limited. It is not the case of the deceased that the present applicant has personally harassed him and sought return of the loan. 5. In the present case, though Nayanlal committed suicide on 21.4.2008, the FIR was lodged on 4.5.2008. There is inordinate delay in lodging the FIR. No plausible explanation has been given by the complainant for the delay in lodging the FIR. This delay itself creates grave doubt in the mind regarding the case of the complainant. 6. Looking to all the above facts, I am inclined to grant bail to the applicant. 7. The applicant - Upendra Bansidhar Dubey to be released on bail in the sum of Rs.30,000/- with one or two sureties to make up the said amount. The applicant shall report to Charkop Police Station once in a month, till conclusion of the trial. 8. Criminal Application is disposed of accordingly. ..(4).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)