VIBHA KANKANWADI
Devidas – Appellant
Versus
State of Maharashtra – Respondent
ORDER
1. The applicant is apprehending his arrest in connection with Crime No.900 of 2021, registered with Shahada Police Station, District Nandurbar, for the offence punishable under Section 420 read with 34 of the IPC.
2. Heard learned Advocate Mr. C. C. Deshpande for applicant and learned APP Mr. A. M. Phule for respondent-State.
3. It has been vehemently submitted on behalf of the applicant that applicant was the president of one Adivasi-Pardhi Sanskrutik Va Shaikshanik Mandal, Shahada. An advertisement for the post of teacher was published. The informant states that he is B.A. B.Ed. (Geography) and D.Ed. That advertisement was published in 2015. Thereafter, informant's father-in-law had met applicant. Applicant had demanded amount of Rs.15,00,000/- for giving the job to the informant. He says that Rs.7,00,000/- was given immediately, and thereafter, appointment letter was issued to the informant on 20-06-2015. After some days, when the applicant demanded the remaining amount of Rs.8,00,000/-, the informant's father-in-law sold his plot and gave that amount. Informant worked with the said institution from 2015 to 2019. Thereafter, when he demanded that his job should be regulariz
Grant of anticipatory bail is extraordinary relief and should be sparingly used, especially in cases of economic offences.
Legitimate employment opportunities are attained solely through merit and diligent effort, and the broader societal implications inherent in cases of fraudulent promises of employment.
Anticipatory bail is not granted when serious allegations necessitate custodial interrogation to investigate potential larger conspiracies.
The judgment emphasizes the gravity of white-collar crimes and the need for severe punishment for culprits involved in cheating and criminal breach of trust.
Issues of anticipatory bail regarding fraud and financial misconduct under the BNS Act are critically examined.
Allegations of cheating and impersonation require credible evidence; without it, prosecution cannot proceed.
Pre-arrest bail under Section 482 BNSS not granted due to serious cheating allegations, early investigation stage, and custodial interrogation needs.
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