IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. OF 2016

In

C.R. No.I-443 of 2015

District: Nashik

1. Pushpa Balaram Kshtriya ]

Age: …… Occ. Housewife ]

4, Varad Yashwant Colony ]

Collage Road, Nashik-422005. ]

2. Gauri Balaram Kshtriya @ ]

Mrs. Gouri Ravi Katva ]

Age: 28 , Occ. Housewife ]

Kancham, 10 Cross, Bhagyanagar, ]

Belgaum, Karnataka-590006. ]

3. Harshda Parashram Kshtriya ]

Mrs. Harshda Abhijeet Khatri ]

Age: 25 Occ. Housewife ]

9, Archit Blossom, Near Akashwani Tower, ]

Nashik-422005. ]

4. Mr. Mahendra Vishwanathsa Kshtriya ]

Age: …… Occ. Business ]

53/54, M. G. Road, Nashik-422005. ]

5. Vrishali Mahendra Kshtriya ]

Age: 30 Occ. Housewife ]

53/54, M. G. Road, Nashik-422005. ]………Applicant

Versus

The State of Maharashtra ]

(At the instance of Panchvati ]

Police Station) ]...Respondent

TO,

THE HON’BLE PRINCIPAL

JUDGE OF THIS HON’BLE

COURT
 THE HUMBLE APPLICATION OF

THE APPLICANT ABOVENAMED

MOST RESPECTFULLY SHEWETH:-

1. The Applicant has filed this Criminal Application

for grant of anticipatory bail in connection with C.

R. No. I-443 of 2016 registered with Panchvati

Police Station for the offences punishable u/s.

420, 468, 471, 406 r/w 34 of I. P. C.

2. The Applicants are permanent residents of Nashik

and are residing at the above mentioned address

in Nashik.

3. The prosecution case in nutshell is as under:-

a. The facts of the prosecution of the

case is that, complainant namely

Shri Parashram Vishwanathsa

Kshtriya and his three brother

including applicants nos.1 and 5 are

directors in the company namely

M/S Bhikusha Papers Pvt. LTD. It is

alleged that Balaram Vishwanathsa

Kshtriya and 1.Gauri Balaram

Kshtriya 2.Harshada Balaram

kshtiya 3. Mahendra Vishwanathsa

Kshtriya 4. Varshali Mahendra

 Kshtriya 5. Pushpa Balaram

Kshtriya have Transferred the

money to personal account without

knowledge of the complainant and

withdraw amount which was paid

for the Company by the client of the

company. It is further alleged that

they have cheated Rs.44,17,044 and

there by committed offence as per

the above section .

b. Thereafter complainant has filed

written complaint to the Panchvati

Police station and there after order

U/ 156(3) have been passed by the

Ld. Magistrate. And accordingly

crime registered bearing Number I-

443 of 2016 for the offences

punishable u/s. 420, 468, 471, 406

r/w 34 of I. P. C.

c. In connection of said crime

applicant have received call from

concern police station. In the

aforesaid circumstances there is

reasonable apprehension of arrest to

the accused therefore they have

 applied for anticipatory bail

application.

d. Hereto annexed and marked is the

copy of the Compliant as

Exhibit-“A”.

4. Initially anticipatory bail application of the

applicants has been rejected by the Ld. Additional

Sessions Judge-3, District and Sessions Court,

Nashik on 14th November, 2016. The Applicants

have thus approached this Hon’ble Court and filed

this Criminal Application for grant of anticipatory

bail u/s.438 of the Code of Criminal Procedure in

the event of his arrest. the following amongst

other grounds which are urged without prejudice

to each other viz.:-

G R O U N D S :-

a) That the Applicants are innocent and have

been falsely implicated in the alleged

offence.

b) There is no cogent or positive evidence to

connect the Applicant with the alleged

offences;
c) That the Applicant has not committed any

offence and role of present applicants are

not specifically mentioned in the F.I.R.

d) It is revealed from the entire complaint that

all allegations are against the Balram

Kshatriya and names of present applicants

are imposed since they are relative of

Balram Kshatriya.

e) Applicant have not executed or created any

document without authority using any sigh

and seal purportedly being of the

complainant.

f) There is nothing from complainant derives

and aspect of miss presentation or

dishonest intention or part of applicants to

defraud the complainant with and intention

to cause wrongful loss to the complainant

and wrongful gain to themselves.

g) In any case the applicant/accused had co-

operated with the investigating agency right

since the inception of the FIR and has

attended the police station as and when

required.

h) Applicants no.2 and 3 having small kids

and having permanent abode and from the

day of the written complaint they are very

 much available to cooperate investigation

and they have not evaded the investigating

agency and hence the arrest in any case is

unjustified.

i) That applicant and complainant are relative

and there are various civil litigations

against each other this dispute is also of

civil nature. All applicants are very much

available for the police and co-operated

them from the year of 2014.

j) Applicant No. 5 is paralyzed person

therefore possibility of abscond will not

arises.

k) It is seen from the entire allegation that

original complainant and applicant dispute

regarding the control and management of

their company and in order to harass

applicants false complaint has been filed.

l) The fact of the case that all directors were

invested certain amount as a capital and

complainant orally inform to Balram

Kshatriya to collect said amount from Mr.

Pathak and thereafter accountant of the

company have deducted said amount from

the deposits of the applicants and settle

said amount. It is further submitted that

 accountant have given all relevant

documents in the respects of

deposit/Capital of applicant.

m) It is submitted that Rs. 43,16,000/- was

deposited by the applicants and Balram

Kshatriya with company and said amount

is deducted by the accountant as per the

instructions of all directors therefore

question of recovery does not arises. Hereto

annexed and marked is a copy of account

statements are as Exhibit-“B”.

n) Admittedly applicant have filed civil suit

bearing no.19/2014 before Civil Court,

Nashik in the month of the January, 2014

and after getting the knowledge of said civil

case original complainant become angry

and to take revenge he has lodged false

complaints on 21st July, 2014. Hereto

annexed and marked is a printout of Civil

Suit status as Exhibit-“C”.

o) Subjecting the applicant to custody would

not benefit the investigating agency in any

manner.

p) The applicant/ Accused has a fixed place of

residence and is ready to prove all the

necessary details to the investigating

 agency and therefore, the question of

absconding does not arise before this

Hon’ble court.

q) The applicant undertakes to remain present

before the investigation agency as and when

called for.

r) The Applicant will abide by all the term and

condition as may be imposed by this

Hon’ble court.

s) The entire case is based on document

which have already been provided by the

applicant to the investigating agency and

hence the question of keeping the applicant

behind bars and tempering of evidence does

not arise at all;

t) During the course of investigating the

applicant undertakes to attending the

investigating agency and co operate with

any further investigating as and when

required;

u) It is important to note that the applicant

has roots in the society and can also attend

the investigating agency in any such

direction so given by the Hon’ble court and

as such the custody of the applicant is not

necessary.
v) That dispute between the applicant and

complainant was of civil nature.

w) That, admittedly FIR has been lodged in the

month of October, 2015 and from the day of

intimation received to the applicants are co-

operating to the police. Time and again she

met to the concern police officer and

provides all documents as well as

information which are required for the

investigation. The Applicant has cooperated

in all possible ways that they could with the

police, and they are ready to attend the

police station as and when required. Hereto

annexed and marked is a copy of statement

recorded by police as Exhibit-“D” of Balram

Kshatriya.

x) That, from the date of complaint applicants

are present at their residential address and

giving answers to the police, therefore

question of runaway will not arises.

y) All sections are having punishment up to

seven years therefore guidelines of Apex

court of Arnesh Kumar is applied to this

case.

z) That, from the behavior of the applicants it

is seen that, they have cooperated to the

 police in every manner, they are available

for police for any type of inquiry, they did

not tried to tempered evidence, not made

any attempt of threatening witnesses,

therefore as per the guidelines of the

Honble Apex Court in the case of Arnesh

Kumar vs. State of Bihar their arrest is not

required.

5. The Applicants are ready and willing to abide all

the conditions that may be put by this Hon’ble

Court if they are released on bail.

6. The Applicants are respectable persons and has

been falsely implicated in the alleged offence. In

such circumstances in case the Applicants are

arrested, they are bound to suffer heavy and

irreparable loss which cannot be compensated in

terms of money.

7. That, the Applicants are permanent resident of

address mentioned above. Therefore there is not

any possibility of abscond. Hereto annexed and

marked is a copy of Address proofs as

Exhibit-“E”.

8. The Applicant states that she has not filed any

other application appeal or revision in any other

 Court touching the subject matter of present

application.

9. In the circumstances, the Applicant prays

that:

a. To release the Applicant on bail in

connection with C. R. No. I-443 of 2016

registered with Panchvati Police Station

in the event of their arrest in connection

with the said offence on such terms and

conditions as this Hon’ble Court deem fit

and proper in the facts and

circumstances of the case;

b. To grant ad-interim relief in terms of

prayer clause (a) above;

c. To pass any such other and further

Orders as Your Lordship deem fit and

proper in the facts and circumstances of

the case.

Place : Nashik
DATE: ….11.2016

ADVOCATE FOR THE APPLICANT

 VERIFICATION

I/we, 1. Pushpa Balram Kshtriya, 2. Gauri Balram Kshtriya

3. Harshada Parashram Kshtriya 4. Mahendra
Vishwanathsa Kshtriya 5. Vrishali Mahendra Kshtriya all
applicant Indian, adult, and the Applicant above named, do
hereby on solemn affirmation state that whatever stated in
paragraphs are true and correct facts to the best of my
knowledge belief and I believe the same to be true.

Solemnly affirmed at Mumbai, )

This …..th day of November, 2016 )

Applicants

1)

2)

3)

4)

5)

Identified by me,

Advocate for the Applicant Before me,

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. OF 2016

In
C.R. No.I-443 of 2015

District : Nashik

Mrs. Pushpa Balram Kshtriya and Ors]…. Applicants

vs.

State of Maharashtra ]…..Respondent

Index

Sr.No. Particulars Page

Nos.
1 Roznama A-B
2 Synopsis
3 Application 1-
4 Exhibit A- Copy of FIR
5 Exhibit B- Statement of Account
6 Exhibit C- Copy of Civil case status.
7 Exhibit D- Statement of Balram
Kshatriya
8 Exhibit E- Address Proof of
Applicants.
8 Vakalatnama
Advocate for Applicant
 IN THE JUDICATURE OF

HIGH COURT, BOMBAY

A. B. A. NO. OF 2016

Pushpa Balram Kshtriya ]…. Applicant

vs.

State of Maharashtra ]…..Respondent

(APPLICATION FOR ANTICIPATORY

BAIL)

Indreshkumar Tiwari
Advocate, High Court, Bombay
5-B, 1st floor, Apollo House
Opp. J & K Bank,
Near Share Market,
Fort, Mumbai
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. OF 2016

In
C.R. No.I-443 of 2015

District : Nashik

Mrs. Pushpa Balram Kshtriya and Ors]…. Applicants

vs.

State of Maharashtra ]…..Respondent

VAKALATNAMA

I, the Accused abovenamed hereby appoint Adv. Prakash

Salsingikar, ______________________________________

Advocates, High Court, Bombay to act, appear and plead for me

in the above matter.

In witness whereof I have set my hands on this writing.

Dated this __________ of _____, 2016.

Accepted: Signature of Applicants

1)

2)