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Cri BA No.954-2024
MHCC020060212024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.954 OF 2024
Vinodkumar Asharam Yadav,
Age: 39 Years, Occ: Business.

]
] …Applicant.

Versus
The State of Maharashtra
]
(At the instance of Dadar Police Station Vide FIR ]
No.273 of 2023)
] …Respondent.
Advocate Santosh R. Dubey for applicant.
APP Pankaj Chavan for the State.
Advocate Shivraj Kunchge for intervenor.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
26th APRIL, 2024.
ORDER
Accused is arrested in connection with FIR No.273 of 2023
registered with Dadar Police Station for offence under section 420 of
the Indian Penal Code.

This is first bail application after filing of
charge-sheet.
2.

The case of the prosecution is that the first informant Ajay
Dattajirao Desai is engaged in the business of construction through his
company M/s. DPAH Housing Pvt. Ltd. He was in need of amount of
Rs.1.50 crores for the purpose of purchasing land and development. He
came in contact with the applicant. The applicant assured to make
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Cri BA No.954-2024
available the loan amount from private persons for the project of the
first informant. He gained confidence of the first informant and by
representing that third party guarantor papers are ready, he took
amount of Rs.28 lakhs from the first informant for execution of
mortgage deed. Thereafter, he avoided to fulfill the promise. After
issuance of notice by the first informant, he repaid amount of
Rs.50,000/- but avoided to pay the balance amount of Rs.27,50,000/-.
After realizing that he was cheated, first informant approached Dadar
Police Station and lodged FIR.
3.

Read application and reply filed by the prosecution. Heard
learned Advocate for the applicant, learned APP and learned Advocate
for intervenor, who appeared in the proceedings and filed intervention
application on behalf of first informant.
4.

The applicant seeks bail on various grounds including the
grounds that he is innocent, FIR is vague, he is in custody since
18.12.2023, investigation is complete and charge-sheet is filed and that
dispute is of civil nature.
5.

Prosecution opposed the bail in its reply Exh.2 on the
grounds that applicant did not repay the amount to the first informant,
he was absconding and therefore, there is possibility that he may flee
from justice and two other similar offences are registered against the
applicant.
6.

The copy of charge-sheet is annexed with the application,
which reflects that investigation is already complete and charge-sheet
has been filed before learned Court of first instance. During the course
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Cri BA No.954-2024
of argument, Memorandum of Understanding is filed before the Court
by first informant and one Sabhajit Ramdhani Yadav, relative of the
applicant, whereby they have settled the dispute.
7.

Perusal of the Memorandum of Understanding shows that
the parties have reached final settlement amount of Rs.24 lakhs and out
of the said amount, the first informant has received first installment of
Rs.4 lakhs by way of demand draft dated 24.04.2024.

It is agreed
between the parties that the balance amount of Rs.20 lakhs would be
paid to the first informant within the period of 18 months.

The
Memorandum of Understanding indicates bonafides of the applicant to
repay the amount to the first informant. The charge-sheet is already
submitted. Therefore, further detention of the applicant in the jail is
not necessary for any purpose. In the light of the fact that investigation
is complete and parties have reached settlement, the applicant can be
released on bail on appropriate terms and conditions.

Thus, I pass
following order:
ORDER
1.

Criminal Bail Application No.954 of 2024 is allowed.

2.

The applicant Vinodkumar Asharam Yadav, who is accused in FIR
No.273 of 2023 registered with Dadar Police Station for offence under
section 420 of Indian Penal Code, be released on his executing PR Bond
of Rs.30,000 /- (Rupees Thirty Thousand Only) with one or two sureties
in the like sum on following conditions:
(a)
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.

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(b)
Cri BA No.954-2024
The applicant shall not tamper with evidence of the
prosecution.
(c)
The applicant shall not commit similar offence while
on bail.
(d)
The applicant shall submit documents regarding his
permanent address and contact details to the concerned
police station and the Court, within seven days of his release
and if in future, there is any change in his address or contact
details, intimate the same to the concerned police station.
(e)
The applicant shall attend the trial regularly.

(f)
In the event of non compliance of the terms of
Memorandum of Understanding filed before Court by the
applicant, the complainant shall be at liberty to approach the
Court for cancellation of bail.
3.

Provisional cash bail of Rs.30,000/- allowed for the period of 6
weeks.
4.

Criminal Bail Application No.954 of 2024 is disposed off
accordingly.

SACHIN
BALVANT
PAWAR
Date : 26/04/2024
Order Dictated on: 26/04/2024
Transcribed on : 26/04/2024
Checked on
: 29/04/2024
Signed on
: 29/04/2024
Digitally signed
by SACHIN
BALVANT PAWAR
Date: 2024.04.29
15:35:07 +0530
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
29.04.2024
Upload Time
3.30 p.m.

Name of Stenographer
ARUN ANNAMALAI MUDALIYAR
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Cri BA No.954-2024
Name of the Judge (With Court SHRI. S.B. PAWAR (CR 58)
Room No.)
THE ADDL. SESSIONS JUDGE
Date
of
Pronouncement
JUDGEMENT /ORDER
of 26.04.2024
JUDGEMENT /ORDER signed by 29.04.2024
P.O. on
JUDGEMENT /ORDER uploaded 29.04.2024
on