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03-aba-37-22(f)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 37 OF 2022

Niki Sandeep Chopra

.... Applicant

Versus

The State of Maharashtra

.... Respondent

______

Mr. Satish J. Agarwal for Applicant.

Mrs. J. S. Lohokare, APP for State/Respondent.

______

CORAM : SARANG V. KOTWAL, J.

DATE

: 12^th JANUARY, 2022

(through Video Conferencing)

P.C. :

1.

The Applicant is seeking anticipatory bail in connection

with C.R.No. 46 of 2019 registered at Kandivali Police Station, on

21/01/2019, under sections 406, 420 and 120B r/w. 34 of the

Indian Penal Code (for short ‘IPC’

).

2.

Heard Shri. Satish Agarwal, learned counsel for the

applicant and Smt. Lohokare, learned APP for the State.

3.

The First Information Report (for short ‘

F.I.R.) is

lodged by one Chanchal Sharma. He has stated that the applicant

was residing in the neighborhood. Both of them were knowing

each other. In 2015, the applicant told the informant that, a flat in

Gokhale

VINOD

BHASKAR

GOKHALE

Digitally

signed by

VINOD

BHASKAR

GOKHALE

Date:

2022.01.13

16:27:23

+0530

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the building by name Blue Oasis, Kandivali was available for sale.

It was sealed by the bank and such flat is available for lesser price.

She told the informant that one DRT Agent Deepak Salunkhe was

known to her father. She told the informant that, if that flat was

purchased, it would be a good investment. She suggested that the

flat could be purchased by the informant, the applicant and

applicant’s friend Nikita Thakkar. She told the informant that,

initially Rs.15 lakhs in cash were required to be paid; out of which

the informant was required to pay Rs.5 lakhs and balance amount

would be paid by the applicant and her friend Nikita. At her

instance the informant handed over Rs.5,50,000/- to the

applicant’s father Anil Shah. The price etc. was fixed by the

applicant’s father as mentioned in the F.I.R. After the informant

handed over Rs.5,50,000/-, the applicant’

s father did not give him

any receipt and promised to introduce him to Deepak Salunkhe.

4.

In July 2020, applicant’

s father introduced Deepak

Salunkhe to the informant. At that time, Deepak Salunkhe was

given Rs.2,50,000/- out of the amount of Rs.5,50,000/- which the

informant had given to Anil Shah. The informant was told by Anil

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Shah that, share of the applicant and Nikita was already given to

Deepak Salunkhe. On that day itself, Agreement for purchase of

that particular flat was executed by the parties. After that the

informant kept asking Anil Shah about the further transactions.

However, there was no positive response from Anil Shah and,

therefore, the informant contacted Deepak Salunkhe. At that time,

the informant was told by Deepak Salunkhe that the applicant and

Nikita had not paid any money. The informant confronted Anil

Shah. At that time, Anil Shah told him that, there were other

transactions between Anil Shah and Deepak Salunkhe and the

money was adjusted from those transactions. Anil Shah also

advised the informant to negotiate further directly with Deepak

Salunkhe. Accordingly, the informant held talks with Deepak

Salunkhe. The price of the flat was quoted at Rs.36 lakhs by

Deepak Salunkhe. He accepted Rs.22,50,000/- from the informant.

Subsequently, the flat was not given to the informant. In the

meantime, in December 2016, Anil Shah passed away. The

informant came to know that Deepak Salunkhe was not official

DRT Agent. He realized that, he was cheated and, therefore, he

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03-aba-37-22(f)

lodged this F.I.R.

5.

Learned counsel for the applicant submitted that the

applicant has not played any role. She has not accepted any

money. The allegations are directed against Deepak Salunkhe and

only after applicant’

s father had passed away, she is pressurized by

the informant by roping her in these false allegations.

6.

Learned APP opposed this application and relied on the

case of the informant