BALKRUSHNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.6 of 2023 registered with Radhanagari Police Station for offence punishable under Ss. 406 , 420 of the Indian Penal Code, 1860, the applicant is seeking relief of pre-arrest bail under Sec. 438 of the Criminal Procedure Code, 1860.

(2.) The case of the prosecution in short is as under: The informant and one Saurabh were preparing for Military services in the year 2017. Earlier, they joined one Sai Career Academy. There they came in contact with one Vikas Suresh Chandekar. Since the informant and his friend were unemployed, said Chandekar introduced the informant and his friend with the applicant. IT is told that the applicant is running Arya Chanakya Career Academy. The applicant asked Rs.5.00 lakh each from the informant and his friend promising to provide job in the Army. Accordingly, the informant paid amount of Rs.75,000.00 and Rs.1,40,000.00. The friend of the informant paid Rs.30,000.00. They were called at Delhi where they were asked to pay Rs.49,500.00. The said amount was paid by GooglePay. They were aked to pay Rs.20,000.00 each. Despite payment, the accused/applicant did not provide job to the informant and his friend. He collected Rs.3,29,500.00 from the informant and Rs.3,40,000.00 from the friend of the informant. When they demanded refund of the amount, the applicant issued notice demanding amount of Rs.40,000.00. Hence, they filed report.

(3.) The learned Sessions Judge rejected the application filed by the applicant under Sec. 438 of the Criminal Procedure Code, 1973 by order dtd. 31/1/2023.