IN THE COURT OF HON’BLE 01- ADDITIONAL

SESSIONS JUDGE, BHIWANDI

CRIMINAL BAIL APPLICATION: /2024
In
CR. No.: I 174/2023
For
Offenses u/s 409,407,201,413, 34 of Indian Penal Code, 1860
At
Narpoli Police Station, Bhiwandi

Shri. Bindyachal Vishwakarma,

Age: years, Occ: Business,
Residing At: Kharegaon Village,
Bhiwandi – 421308
…Petitioner/Accused
v/s
State of Maharashtra
(Through Narpoli Police Station, Bhiwandi )
…Respondents

Application u/s 439 of Criminal Procedure Code

on behalf of Petitioner/Accused seeking regular
bail is as here under:

MAY IT PLEASE YOUR HONOUR

The Petitioner/Accused Shri Bindyachal Vishwakarma humbly
submits as hereunder:

1. That an FIR bearing CR no. I 174/24 was lodged against the

above mentioned accused and the accused was arrested on
 03/04/2024 and was produced before this Hon'ble Court on
04/04/2024 was remanded to police custody till 08/04/2024 for
offences punishable u/s 409,407,411,201,413,34 of IPC on the
basis of compliant lodged by Nisarg Vora alleging that the main
accused namely Jayantilal Dediya, Jayesh J. Dediya were the
owners of the said 'Jayesh Storage' and were storing the goods
of various customers on rental basis and used to deliver the
goods as per the delivery order and invoice to that effect.

2. That it was further alleged that the main accused, Jayesh

Dediya and his father, Jayantilal along with manager, Chanka
Yadav committed criminal breach of trust by selling the goods
to customers on lower prices without the consent of the owner
of the goods and committed misappropriation of money
amounting to Rs.1,68,97,379/- and thus, initially FIR u/s
409,407,34 of IPC was lodged and investigation began.

3. That initially police arrested Jayesh Dediya & Chanka Yadav

on 08/02/2024 and were remanded to police custody till
12/02/2024 and during their arrest and enquiry it was revealed
that the main accused had sold the goods to different people at
lower rate without receipt and accordingly the police
machinery have added the section 411,413,201 of IPC to the
above crime subsequently.

4. That the police arrested Bindyachal Vishwakarma on

03/04/2024 and was remanded to police custody till 08/04/2024
Hon'ble Court was pleased to remand Bindyachal
Vishwakarma to Magistrate Custody and preferring Bail
application on the following grounds.

GROUNDS

A. That practically investigation is completed against

accused Bindyachal Vishwakarma who is charged for
offence u/s 411 of IPC on the ground that he had a
knowledge that the property is derived by
misappropriation and purchased without receipt and the
offence is punishable u/s 411 of IPC is punishable upto
3 years of imprisonment and the offence u/s 413 of IPC
is not attracted as in respect of the said property there is
no material to show that accused Bindyachal
Vishwakarma is a habitual offender and therefore the
said section of 413 of IPC does not apply to the said
petitioner/ Accused.

B. That the Petitioner/ Accused is proprietor of firm namely

Bhiksha Polymer and trading in items such as rubber and
other such items since that last 10-12 years and received
order from different purchasers and ask them to collect
the goods from the godown where the goods are stored.

C. That the Petitioner/ Accused in good faith purchased

goods amounting to Rs. 1,67,97,379/- from Chanka
Yadav who assured of giving the bail of the goods
subsequently believing the false words the goods were
 purchased and subsequently sold to small retailers in
open market.

D. That on coming to know that the goods are stolen

property the Petitioner on receiving Notice u/s 41(A)
CrPC immediately surrender the goods to the Narpoli
Police and gave statement to that affect.

E. That prior to one month before date of arrest the

Petitioner was called to the Police Station and goods
were surrendered on coming to know that it's a stolen
property and after giving statement of the said fact, the
police charged the Petitioner u/s 411 of IPC and arrested
him.

F. That the custodial detention of the petitioner is not at all

required as nothing is to be seized from him any more.

G. That the absconding accused Jayantilal Dediya has

secured Anticipatory bail from Hon'ble Session Court
and the Co- Accused Jayesh Dediya and Chandka Prasad
Yadav have filed regular bail application u/s 439 of Crpc
before Hon'ble Session Court, Bhiwandi and the said bail
is for hearing on 12/04/2024 since the regular bail of
Jayantilal Dediya & Chandka Yadav was rejected on
28/02/2024 by Hon'ble H.Y.Pathan, 10th JMFC,
Bhiwandi.
 H. That petitioner is a permanent resident of Kharegaon
village, Bhiwandi and father of two sons and only
earring member of the family and has no criminal
antecedents records and having clean past.

I. That no purpose would be served by keeping the

Petitioner in detention as already investigation against
the Petitioner is completed.

5. That Petitioner/Accused for the first time is preferring bail

application before the Hon’ble Court and has no other pending
bail application before Hon’ble Court of Sessions, Bhiwandi
and High Court of Bombay or any other Court.

6. Under the above circumstance and in the interest of justice the

Petitioner/Accused Bindyachal Vishwakarma may kindly be
released on bail with any suitable terms and conditions which
the Hon’ble Court may deem fit and proper.

FILED ON:
10/04/2024 __________________________
BHIWANDI (Adv for Petitioner/Accused)