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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.657 OF 2022

(Ritesh s/o Govind Goyal Vs. State of Maharashtra, through PSO, PS Tehsil, Nagpur)

_______________________________________________________________

Office Notes, Office Memoranda of Coram,

appearances, Court's orders of directions

Court's or Judge's orders.

and Registrar's Orders.

Shri D.V. Chauhan, Advocate for applicant

Shri V.A. Thakare, APP for the State / Non-applicant

Shri R.S. Kalangiwale, Advocate (Assist to prosecution)

CORAM : A NIL S. KILOR

, J.

DATED : 22^nd AUGUST, 2022.

1.

The applicant has approached to this Court by filing the

present application under Section 439 of the Code of Criminal

Procedure for grant of bail in connection with Crime No.126 of

2021 dated : 05.02.2021, registered with Police Station : Tehsil,

District : Nagpur City, for the offences punishable under Sections

406, 409, 420, 467, 468, 471 read with Section 34 of the Indian

Penal Code.

2.

The prosecution story is that, the applicant in connivance

with his elder brother, Devendra Goyal, who is co-accused in this

crime committed fraud and cheated the complainant for a sum of

Rs.1,13,08,500/-.

3.

The applicant and his family members through their firm

M/s Shree Traveling and M/s Shree Holidays was in the tours and

traveling business. It is further alleged that, the said firm was in the

business of International Travels, Hotel Bookings, Cruise Bookings

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and sell/purchase of Foreign Currency and the said firm is having

the license to run the said business.

4.

In the Report, the complainant has alleged that Devendra

Goyal, applicant, Mrs. Nikita Goyal, who is the wife of Devendra

Goyal, Govind Goyal and Payal Somani (wife of applicant) used to

persuade the complainant by telling them that they earned good

profits as the applicant gets international and domestic flight tickets

at rates lower than market rate and also through exchanging foreign

currencies.

5.

Further, it is the case of the prosecution that, in December,

Devendra Goyal, applicant, Mrs. Nikita Goyal, Govind Goyal and

Payal Somani had asked the complainant for money to invest in

Vaishnodevi Tour Booking and Hotel booking as they believed that

they can earn good profits post investing in this tour. They also

asked complainant for some investment in exchange of share from

the profits in their business as they wanted to invest some amount

in International Hotel booking, International Flight pre-booking,

tour booking and foreign currency exchange. They told the

complainant that they can avail benefits of RBI’s Banks Remittance

License in the name of Shri Holidays.

6.

In the report the complainant states that, the total amount

which the applicant has taken and amount which he has returned as

principal amount or interest.

7.

The FIR in the instant crime was filed on 05/02/2021 and

the applicant was arrested on 21/07/2021. The investigation

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culminated and charge-sheet came to be filed by the Investigating

Agency on 14/10/2021.

8.

I have heard the learned counsel for the applicant, the

learned APP for the State and the learned counsel, who is assisting

the prosecution.

9.

The learned counsel for the applicant submits that if the

allegations in the FIR are perused, it can be seen that the last alleged

transfer took place on 28.12.2018 and the FIR came to be filed on

05.02.2022 which is after more than three years from the last date

of the alleged incident. It is submitted that no explanation has been

offered for such delay. It is submitted that the delay shows that FIR

is nothing but after thought.

10.

The learned counsel for the applicant further submits that

half of the amount has alre