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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO.1491 OF 2021

1.

Dharmapal @ Sonu s/o Chhotelal Naik

2.

Sabsing s/o Nisa Naik

Applicants

Versus

The State of Maharashtra

Respondent

Mr. N.G. Kale, Advocate for the applicants.

Mr. V.S. Badakh, APP for respondent/State.

CORAM : M.G. Sewlikar, J.

DATE : 6^th JANUARY, 2022.

PER COURT :

1.

Heard.

2.

It is the case of the prosecution that informant is

running a jewellery shop. Applicants had approached him and he

lent them amount against gold twice. That amount was returned by

the applicants. In this manner, the applicants won the trust of the

informant. On 15^th October, 2021, at 11.00 am, applicants

approached the informant and demanded Rs. 1,00,000/- against

gold. Informant paid them the said amount. When the informant

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tested the gold, he found it to be spurious. Informant demanded the

amount back to the applicants but they refused and therefore,

informant has lodged the First Information Report on the basis of

which, offence under Sections 406, 420 read with Section 34 of the

Indian Penal Code came to be regi