ROHIT GULAB TUPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R.No.657 of 2022 registered with Lonikalbhor police station, for offences punishable under Ss. 406, 420, 120(B) of the Indian Penal Code, 1860 (for short ' IPC '), applicants are seeking relief of pre-arrest bail under Sec. 438 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .').

(2.) According to prosecution, applicant No.2 is the owner of Namo Park project land. One Pratik Kalange along with applicant No.1 and accused Rupesh Dhiwar in collusion with each other gained trust of informant and agreed to transfer land admeasuring 1500 sq. fts. with 1010 sq. fts. for construction of house. For consideration of said promise, Pratik accepted Rs.40,83,000.00 from the informant. Neither they gave constructed house nor the amount was refunded. According to the informant, the accused persons/applicants utilized the amount for their own benefit resulting into registration of report.

(3.) Applicants, therefore, applied before learned Sessions Judge under Sec. 438 of Cr.P.C. which came to be rejected by order dtd. 27/1/2023. Aggrieved thereby, applicants have filed the present anticipatory bail application.