Ripu Sudan Balkishan Kundra Alias Raj Kundra v. State of Maharashtra
2022-12-13
B.V.NAGARATHNA, K.M.JOSEPH
body2022
DigiLaw.ai
ORDER 1. Leave granted. 2. Common FIR No.2 of 2020 registered at Nodal Cyber Police Station, Mumbai, has generated applications seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. 3. By the impugned order, in all these cases, anticipatory bail has been denied. 4. There were orders of interim protection, however, in all these cases throughout. 5. When these matters came up, we have heard learned counsel including learned senior counsel appearing on behalf of the appellants. 6. We have also heard Mr. Aaditya Pande, learned counsel for the State. 7. Learned counsel for the respondent-State would take the following stand; chargesheet has been filed after investigation. He would submit that in case the Court is inclined to grant anticipatory bail, it must be made clear that the appellants will cooperate in case it becomes necessary. 8. Having heard learned counsel for the parties, we are of the view that these are cases where the appellants should be released on anticipatory bail. Accordingly, the appeals are allowed. We direct that the appellants will be released on anticipatory bail subject to conditions as may be imposed by the trial Court. We make it a condition that if in case the presence of the appellants are required in future, they shall fully cooperate. We make it clear that the Court will necessarily incorporate this as a condition for grant of anticipatory bail. 9. The appeals are allowed as above.