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Cri. Bail Application No. 835 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 835 OF 2022
{Nitin Madhukar Jagale and another vs. The State of Maharashtra
through Upnagar Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime no. 181
of 2022 registered with Upnagar Police Station under sections 420,
468, 470, 471, 472 read with 34 of the I. P. C.
02]
The applicants contended that false and fabricated case
is registered against them. They are innocent and not committed any
offence. They are falsely implicated in the crime. No prima-face case
is made out against the applicants. They have purchased the property
after giving public notice and due inquiry and are bonafide
purchasers for valuable consideration. They have no knowledge
about the transaction of the complainant and the Himgiri Builders.
The case is based upon documentary evidence. The custodial
interrogation of him is not required. The case is of Civil nature and
agitated in the form of civil litigation. They have no criminal
antecedent. They are ready to abide by any conditions imposed by
the court. Hence, they have prayed for grant of anticipatory bail.
03]
APP filed say at Ex. 06 and I. O. filed say at Ex. 07. They
have stated that the offence is of serious nature and the names of the
accused are mentioned in the complaint. If the accused are released
on bail, they may threat the complainant and the witnesses. The
accused nos. 1, 2 and 4 are residing outside Maharashtra and
investigation against them is yet to be done. Hence, they have prayed
for rejection of bail.
04]
The complainant appeared through adv. and filed say at
Ex. 12 and stated that she entered into an registered agreement for
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sale for Mahesh Gangwani in the year 2011 in respect of flat. But, the
builder has not constructed the property and gave power of attorney to
his sister and his sister sold the suit property to the present applicants.
They have not verified about the previous history. But, they know about
it and still entered into sale deed with the intention to cheat the
complainant. Their custodial interrogation is required. Hence, she has
prayed for rejection of bail.
05]
Heard the learned counsel for the accused, learned counsel
for the complainant and learned APP. They have argued as per their
stand taken as above.
06]
I have gone through the application, say, arguments and
police papers. Prima-facie, it appears to the court that after due public
notice and due inquiry the applicants have purchased the said land by
way of registered sale deed. Earlier, the accused no. 1 has to develop the
land and to sell one of the flat to the complainant. But, instead, he
executed the power of attorney to his sister and his sister sold the said
property to the present applicants. Present applicants may not have
knowledge about the registered agreement for sale of the flat. In the say,
the investigating officer has given the grounds that name of the accused
is mentioned in the complaint and they will threat the witnesses. They
have not mentioned that the custodial interrogation of the accused is
required. The case of the applicants is based upon their sale deed and it
is available with the public office. So, their custody is not required to
seize the sale deed. So, the grounds for rejection of bail of the
complainant and the prosecution are not sufficient. The accused are
entitled for anticipatory bail on suitable terms and conditions. Hence,
the following order:
ORDER
01]
Application for anticipatory bail is allowed on
the same terms and conditions as given below
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Cri. Bail Application No. 835 of 2022
Ex. 4 i.e. interim bail order and interim
anticipatory bail is hereby confirmed.
02]
The applicants should attend the Police station
in between 11.00 a. m. to 02.00 p. m. from
dated 07.07.2022 and 08.07.2022 and help the
police in investigation.

03]
Inform the concerned Police station accordingly.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.07
17:26:58 +0530
Date : 06.07.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.