Archana W/O Ashok Agrawal vs. The State Of Maharashtra And Another
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The applicant, Archana W/o Ashok Agrawal, sought anticipatory bail in connection with Crime No. 323 of 2022, registered at Manwat Police Station, District-Parbhani, for offences under sections 406 and 420 of the Indian Penal Code. The FIR was lodged by Yunus Abdul Karim Bagwan, alleging that he supplied 150 cotton bales to Maa Vaishnavi Devi Jinning factory, owned by the applicant, and that an amount of Rs.37,46,786/- remained unpaid out of the total consideration. The applicant contended that she has no connection with Maa Vaishnavi Devi cotton company, which is owned by her husband, Ashok Agrawal. She claimed ownership of Rukmani Cotton Industries, and provided GST registration certificates for both entities. Crucially, during the investigation, the informant provided a statement on 27.02.2024, admitting that the entire due amount had been paid and there were no outstanding dues with Ashok Agrawal.
Held
The Court allowed the application for anticipatory bail. The primary reasoning was based on the applicant's submission that she had no direct involvement with Maa Vaishnavi Devi cotton company, which was owned by her husband, Ashok Agrawal. She provided GST registration certificates for her own entity, Rukmani Cotton Industries, to demonstrate this separation. More importantly, the Court took cognizance of the informant's statement dated 27.02.2024, wherein he acknowledged receiving the full payment and confirmed no outstanding dues from Ashok Agrawal. The Court found that, prima facie, the allegations in the FIR pointed towards a civil dispute that had been amicably settled. Consequently, the applicant was granted anticipatory bail, subject to furnishing a personal bond and surety bond of Rs.15,000/- with one surety in the like amount.
Key Issues
1. Whether the applicant is entitled to anticipatory bail in connection with FIR No. 323 of 2022, considering the allegations of offences under sections 406 and 420 of the Indian Penal Code? Petitioner's Arguments: The applicant argued that she has no connection with Maa Vaishnavi Devi cotton company, which is the subject of the FIR, and that it is owned by her husband, Ashok Agrawal. She presented GST registration certificates to support her claim of owning a separate entity, Rukmani Cotton Industries. Furthermore, the applicant highlighted that the informant, in a subsequent statement recorded on 27.02.2024, admitted to receiving the entire due amount and having no outstanding dues with Ashok Agrawal. This, the applicant contended, indicates that the dispute is essentially civil in nature and has been settled. Revenue/State's Arguments: The judgment does not record any specific arguments made by the respondents-State.
Sections Cited
Section 406, Section 420
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER :
Applicant apprehends arrest in Crime No. 323 of 2022 registered with Manwat Police Station, District-Parbhani for offences punishable under sections 406, 420 of the Indian Penal Code.
Yunus Abdul Karim Bagwan lodged FIR on 10.10.2022 alleging that he had supplied 150 cotton bales to Maa Vaishnavi Devi Jinning factory owned by applicant and towards consideration of those cotton bales, only an amount of Rs.16,00,000/- was paid and an amount of Rs.37,46,786/- was not paid. Hence the FIR is lodged.
Heard learned advocate for applicant and learned APP for respondents-State.
Learned advocate for applicant has pointed out that applicant has no concern with Maa Vaishnavi Devi cotton S.P. Rane 2024:BHC-AUG:7059
927-ABA-233-24 2 company. The said company is owned by applicant’s husband Ashok Agrawal. In support of the said contention, GST registration certificate is placed on record. Applicant claims to be owner of Rukmani Cotton Industries and GST registration certificate of the same is also placed on record.
During the course of investigation, due amount of informant is paid to him and his statement to that effect is recorded on 27.02.2024. In the said statement, he has admitted that entire due amount is paid to him and he has no outstanding amount with Ashok Agrawal. Prima facie, the allegation made in the FIR points out civil dispute, which is already settled in view of statement of informant dated 27.02.2024. 6. Application is therefore allowed. In the event of arrest of applicant Archana W/o Ashok Agrawal in connection with Crime No. 323 of 2022 registered with Manwat Police Station, District-Parbhani for offences punishable under sections 406, 420 of the Indian Penal Code, she be released on bail on executing Personal Bond and Surety Bond of Rs.15,000/- with one surety in the like amount. [ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane
Reproduced from the public record of the Bombay High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.