SONI KRISHENDRA KUMAR YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending her arrest in connection with Crime No.17 of 2021, registered with Jalgaon Cyber Police Station, District Jalgaon, for the ofence punishable under Ss. 420, 465, 467, 468, 471 read with Sec. 34 of the Indian Penal Code and under Sec. 66-D of the Information of Technology Act.

(2.) Heard Mr.R.S.Deshmukh, learned Senior Advocate instructed by Mr.Harshal Prakash Randhir, learned Advocate for the applicant and Mr.V.M.Kagne, learned APP for the respondent.

(3.) It has been vehemently submitted by the learned Senior Advocate for the applicant that applicant had not played any kind of role in the alleged crime. Husband of the applicant is co- accused. She got married to one Akshay Yadav, whose name has been added later on as accused No.6. Akshay Yadav is working as an agent of Star Health Insurance Company Ltd. and he has been allotted a Agent Code for doing business. It was allotted to him for the year 2017-2018 and it was changed in the year 2018-2019. Akshay Yadav has done good work in the Company and therefore, the Company had awarded him with a Certifcate for Star Performer for the year 2018-2019. In addition to that, Akshay Yadav is also working as an Agent of Bajaj Allianz General Insurance Company Ltd. The said Company had also allotted him Agent Code. The Code came to be allotted after he has passed examination held by the Insurance Regulatory Authority of India. Star Health Insurance Company has paid commission to Akshay Yadav for time to time for business i.e. for the policies which have been issued under his Agent Code. The applicant got married to Akshay Yadav only last year and there cannot be a collusion between her and husband at the time when the application was fled i.e. 29/1/2022. She was pregnant of 12 weeks at the time of fling of application and therefore, on the basis of her said status of health also she is seeking protection. There are no criminal antecedents of the applicant, however, now the Police contend that the applicant had made phone calls to the informant and instigated him to deposit the amount with Star Health Insurance Company. No such phone calls were made by the applicant. In this case, accused No.1 - Amit Singh s/o. Devendra Prakash Singh @ Amit Sharma s/o. Mulchand Sharma, accused No.2 - Lakhami Chand s/o. Rajesh Kumar, accused No.3 - Dipesh Kumar s/o. Tarakeshwar Singh, accused No.5 - Amit Verma s/o. Ramsingh Verma @ Vikram s/o. Suresh, accused No.7 - Rajkumar s/o. Kalyan Singh @ Anurag Sharma and accused No.8 - Ravikumar s/o. Yashpal Singh @ Kamalakaran Reddy came to be arrested. Mobile handsets, Bank Passbooks, Cheque Books, ATM cards and other important apparatus and documents have been seized by the Investigating Ofcer. Now nothing is required to be seized from the applicant. Applicant was never the employee of Star Health Insurance Company and therefore, there is no question of custodial interrogation of the applicant. The applicant has also produced on record Bank Account Statements of her husband and her Sonography report dtd. 14/1/2022 showing that she is carrying pregnancy of 12 weeks. Under such circumstance, she be protected.