JAYA VINOD KAKADEversusSTATE OF MAHARASHTRA

                                                         1-ABA- 950 of 2024.docx

Harish

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION
      ANTICIPATORY BAIL APPLICATION NO. 950 OF 2024
Jaya Vinod Kakade                                             ...Applicant
            V/s.
State Of Maharashtra    & Ors.                               ...Respondent
_____________________________________________________________
Adv. Vinod D. More, for the Applicant.
Adv. Megha S. Bajoriya, APP for the Respondent – State.
PSI - Archana Jadhav, Virar Police Station is Present.
_________________________________________________________
              CORAM : PRAFULLA S. KHUBALKAR, J.
                    DATE : 24th SEPTEMBER 2026.


P.C. :-

1.           Heard learned counsel for the applicant and learned APP

for the respondent-State.

2.           The applicant has filed the instant application under

Section 438 of the Code of Criminal Procedure (Cr.P.C.), 1973 for

seeking pre-arrest bail in connection with Crime No. 678 of 2023

registered with Virar Police Station, for the offence punishable under

Sections 420, 465, 467, 468, 471, 477-A read with section 34 of Indian

Penal Code (IPC), 1860 .

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3.           The FIR is registered on the basis of allegations made by

the complainant alleging that this applicant along with accused No. 1

prepared false and bogus documents by making false signatures of

customers in gas agency and cheated the complainant’s gas agency for

an amount of Rs. 14,10,537/-. (Rupees Fourteen Lakh Ten Thousand

Five Hundred Thirty-Seven).

4.           The learned counsel for applicant submits that the

applicant was working as a staff in the Abir HP Gas Agency of which

Jiyad Shaikh was the Manager. It is submitted that as a matter of fact,

the applicant had made a prior complaint against the co-accused i.e.

Manager of the agency in the month of July, 2022 itself, even before

the FIR came to be lodged. He submits that there is nothing to indicate

that this applicant has committed any overt act and there are general

allegations against this applicant. Apart from this, it is pointed out that

the co-accused was granted interim protection by order dated

04.10.2023 and by ABA No. 2720 of 2023, and considering the

minimal role fo this applicant, the instant application be allowed. He

also states that in accordance with the interim protection granted to this

applicant by order dated 09.05.2024, he has extended the co-operation

during investigation and therefore prays for confirmation of the interim

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protection.

5.            Learned APP had opposed the application by stating that

applicant was working as a employee of gas agency and was

subordinate to accused no.1. It is alleged in the FIR that both the

accused used to show online gas booking without giving information to

customers and they used to prepare transfer vouchers by making false

signatures of customers and further they have received certain

amounts. Considering the nature of offence, custodial interrogation of

this applicant is necessary for collecting their bank transactions and

other documents.

6.            Perused the FIR and documents placed on record. The

allegations in the FIR are about preparing false and bogus documents

by making false signatures of customers in gas agency. It has to be

noted that the FIR is registered against the manager, to whom

anticipatory bail is already granted. In view of the fact that the

investigation has to be conducted with regard to allegations of forgery,

the same can be conducted on the basis of available documents.

Considering the nature of offence, the investigation is primarily related

to documentary evidence, which can be collected by calling upon the



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applicant to produce them. As such, for the purpose of collecting

documentary evidence, custody of the applicants is not necessary.

Also, the applicant has extended co-operation in accordance with

interim protection granted by this Court.

7.             Considering all above aspects, the personal liberty of this

applicant needs to be protected and therefore, the interim protection

granted to the applicant needs to be confirmed, subject to certain

conditions.

8.             Hence, I pass the following order:



                           :ORDER:

              i] The Anticipatory Bail Application is allowed.

              ii] In the event of arrest of the applicant in Crime

              No. 678 of 2023 registered with Virar Police

              Station, for offence punishable under Sections 420,

              465, 467, 468, 471, 477-A read with section 34 of

              Indian Penal Code, 1860 (IPC). she be released on

              bail on furnishing P. R. Bond of Rs. 25,000/-

              (Rupees Twenty Five Thousand only) with one

              solvent surety of the like amount.

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               iii] The applicant is directed to attend the police

               station as and when called upon by the

               Investigating Agency.

               iv] The applicant shall cooperate with the

               Investigating agency during investigation and

               trial.

               v] The applicant shall not tamper with the

               prosecution evidence or influence the informant

               and witnesses directly or indirectly.

               vi] Breach of any of these conditions would be a

               ground for cancellation of anticipatory bail.

9.               In view of this, the instant Anticipatory Bail Application
     is allowed and disposed of.




                                       (PRAFULLA S. KHUBALKAR, J.)




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