1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1818 of 2010 Avinash Ramchandra Wadbhudhe ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Lakadganj, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.A.Jaiswal, Advocate for the applicant. Mr. C.N.Adgokar, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 19 th Novem ber , 2010 . Heard. This is an application filed by the applicant for grant of anticipatory bail in connection with crime registered with Police Station, Lakadganj, Nagpur for the offences punishable under Sections 420, 467, 468, 471 of I.P.C as he is apprehending arrest. A report came to be lodged against the applicant alleging therein that the applicant has illegally occupied one block of MHADA colony situated at Shanti Nagar, Nagpur. Mr. Jaiswal, learned Advocate for the applicant submitted that bare perusal of the complaint would show that the complainant Madhukar Wadbudhe, who is the real uncle of the present applicant, has levelled allegation of preparing forged documents by the applicant and on the basis of those documents and without consent of the complainant, occupied the block No. A-67 of MHADA Colony showing that the complainant has given consent. Learned Advocate further submitted that with the consent of the complainant, the applicant had submitted an application for transfer of the block in his name. A copy of said application is placed on record. Learned 2 Advocate further submitted that initially the relations between the applicant and the complainant were cordial, but thereafter due to some misunderstanding developed in the mind of his uncle/ complainant, the relations between them became strained and because of strained relations, false complaint is lodged against the applicant. Learned Advocate submitted that the applicant is an Engineer by profession and his arrest would cause disrepute. According to learned Advocate, the evidence in present case would be only in the nature of documents and the applicant is ready to cooperate the investigating agency as and when directed. He, therefore, prayed for grant of pre-arrest bail to the applicant. Mr. Adgokar, learned APP for the State has filed the reply and opposed the application. He submitted that the investigation is still in progress and if the applicant is released on bail, he may not be available for the investigation agency and he may tamper with the prosecution evidence. He, therefore, prayed for rejection of the application. In view of the submissions of learned Advocate for the applicant and in view of the material placed on record, I am of the opinion that prima facie case is made out for grant of pre-arrest bail to the applicant. The apprehension expressed by learned APP can be taken care of by putting the applicant on certain conditions. At this stage, learned APP has informed that the applicant is not residing on the address as mentioned in the application, whereas learned Advocate for the applicant has submitted that the applicant is very much residing on the same address along with his father and family members. In the result, the application is allowed. In the event of arrest in connection with the crime registered with Police Station, Lakadganj, Nagpur for the offences punishable 3 under Sections 420, 467, 468, 471 of I.P.C., the applicant Avinash Ramchandra Badbudhe be released on bail on furnishing P.R. bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount, on the following conditions. a] The applicant to cooperate with the investigating agency and attend the police station, Lakadganj, Nagpur every Sunday between 9.00 a.m. to 12.00 noon, till filing of the charge sheet and thereafter as and when called by the police. b] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. In case, if the investigating agency finds that the applicant is not residing on the address given on the application, the police authorities are permitted to take steps by taking recourse of provisions of law, including to approach this Court. d] In case the applicant is moving out of the area of police station, Lakadganj, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale