( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3489 OF 2010 Vishal s/o Kantilal Khinwasara, R/o Bafna Petrol Pump, Hyderabad Road, Nanded. APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. R.R. Mantri, advocate for the applicant. Mrs. B.R. Khekale, APP for the respondents/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 12th October, 2010] PER COURT : 1. By this application, the applicant seeks anticipatory bail. 2. Heard learned advocate for the applicant and learned A.P.P. 3. The applicant is a Manager of M/s Seva Automotive Private Limited, Nanded. Original complainant Smt. Meenakshi Kute filed private complaint case vide Misc.Cr.A. No. 114/2010 in the Court of learned Judicial Magistrate (F.C.), Hingoli, ( 2 ) alleging that she was cheated by original accused No. 1 Abhijit Ambekar, Manager of the Bank of Baroda and the present applicant who, in connivance with each other, misappropriated amount of Rs. 2,20,000/- of which demand draft was issued towards payment of major part of the Maroti Alto brand car vehicle booked by her. She was not given delivery of the car vehicle. 4. Considering the averments in the application and agreement between the complainant and original accused No.1 Abhijit, which is dated 21-04-2010, it appears that the transaction was in between the complainant and the original accused No. 1 Abhijit. He agreed to pay amount of Rs. 2,70,000/- to the complainant on or before 15th May, 2010. It appears that he was the booking agent-cum-Sales Executive through whom the car vehicle was booked with M/s Seva Automotive Pvt. Ltd. In view of such agreement between the complainant and main accused Abhijit, it prima facie appears that the matter relates to civil liability as between them and that arrest of the present applicant is not required for the purpose of effective investigation for alleged offence of cheating. It would suffice, therefore, if his presence is secured during course of investigation and that he is put on ( 3 ) certain terms while granting liberty. 5. In the result, the application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) with one solvent surety to the satisfaction of the Arresting Officer, and on condition that he shall attend the concerned Police Station on each Sunday between 10 a.m. and 2 p.m. for four (4) consecutive Sundays, or till filing of the chargesheet, whichever is earlier and shall actively cooperate with the Investigating Officer. He shall produce the necessary documents as may be called by the Investigating Officer. Any deviation from such directions may entail cancellation of bail. [V.R. KINGAONKAR] JUDGE NPJ/criapln-3489-10 ( 4 )