VINOD DIXIT RAMJILAL SHARMA Vs. NIKITA JAGDISHCHANDRA RAWAL

JUDGEMENT

(1.) Interim application no. 4075/2022 is preferred by original complainant for cancellation of anticipatory bail granted to respondent no. 1 vide order dtd. 14/9/2021.

(2.) First information report was lodged on 31/12/2020 with Santacruz police station vide crime no.397 of 2020 for offence under Ss. 406, 420 IPC. It was alleged that complainant got acquainted with the accused and acquaintance developed into friendship. On 28/12/2020 accused came to airport at Mumbai to pick up the complainant and both of them went to the hotel. Accused stayed with the complainant for three hours and left hotel. Complainant handed over his bag for safe custody to the accused which contained five articles such as gold ring, ladies purse, Samsung mobile phones and ear buds. Total value of articles was Rs.3,30,000.00. Accused carried bag to her residence. On 29/12/2020 complainant and accused went to another hotel. Accused brought the bag of the complainant and returned the same to him. The accused had brought gold ring for presenting it to the complainant. Since the gold ring could not be adjusted into finger of the complainant, for the purpose of measurement accused took diamond ring of the complainant which he was wearing in his finger. Gold ring was studded with diamonds and it was worth Rs.3,50,000.00. Accused then left the company of the complainant. Thereafter, the complainant checked the bag and noticed that articles belonging to him were missing from the bag. Complainant gave a call to the accused. She assured that she would bring the articles with her. Thereafter the accused was not responding to his phone calls. FIR was registered on 31/12/2020.

(3.) Accused/Respondent no.1 preferred application for anticipatory bail viz ABA No.2216 of 2021 before this Court. The said application was allowed vide order dtd. 14/9/2021. In the said order it was recorded that advocate for respondent no.1, on instructions, submitted that articles mentioned in the FIR were gifted to her viz. Gold ring, ladies purse, samsung company cell phones, ear buds and diamond ring. It was further submitted that respondent no.1 is willing to co-operate with the investigation and return the articles to the Investigating Officer. In view of the factual aspects, application for anticipatory bail was allowed with a condition that respondent no.1 shall comply with the statement that the articles mentioned in the FIR would be handed over to Investigating Officer.