IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1863 OF 2024 Varsha Santosh Sharma And Another VERSUS The State Of Maharashtra Mr. A. D. Khot h/f Mr. V. A. Sarwade, Advocate for applicants Mr. S. B. Jadhav, APP for respondent/State CORAM : R. M. JOSHI, J. DATE : 21st January, 2025 PER COURT :- 1. Applicants apprehend arrest in connection with Crime No. 303/2024 registered with Gondi Police Station, Dist. Jalna, for the offences punishable under Sections 420, 465, 474, 506 r/w. 34 of the Indian Penal Code. 2. The gist of the First Information Report is that there was transaction with regard to the sale of Sonography Machine. It is alleged that though the consideration was paid, machine was not supplied. These amongst other allegations offence came to be registered against applicant. 3. Learned counsel for applicants submits that there are allegations against applicants that against purchase of Sonography 940-ABA-1863-2024.odt 1 of 3 2025:BHC-AUG:1874 Machine, the applicants received Rs. 12,25,000/- from the informant and neither machine is provided nor amount is returned to informant. He drew attention of the Court to his contention in the application indicating payments made by the applicants to the informant to the tune of Rs. 5,25,000/- via bank transfers. It is his further submission that, except for the transaction of the sale and purchase of machine, there were no previous transactions with the informant. He drew attention of the Court to the document, which indicates that against payment of Rs. 5,50,000/-, the informant has received finger plus oximeter (4 Boxes/400 quantity) and 2 numbers Bellound High Flow. It is his submission that the Additional Sessions Judge has incorrectly reused to consider the documents that were placed on record. 4. Learned APP oppose the application on the ground of seriousness of the crime and point out the amount involved therein. 5. Though, on the basis of the First Information Report, it appears that there was isolated transaction between parties for purchase of Sonography Machine. It is however apparent for record that against the payments due oximeters and other material is accepted by informant. It is claimed that the applicants had received sum of Rs.12,25,000/- from the informant, but sum of Rs. 5,25,000/- was paid 940-ABA-1863-2024.odt 2 of 3 to the informant by bank transfer and balance amount is adjusted towards other aritcles. 6. This Court finds substance in the contention of learned counsel for the applicants that on the basis of material on record, it can be stated that except for the transaction of sale of machine there was no previous transaction between the parties. In such circumstances, prima facie documents placed on record are sufficient to indicate that against payment of Rs. 5,50,000/- informant could have received oximeters and Bellound High Flow. Thus there is reason to believe that, there exist civil dispute for recovery of money between parties. 7. Applicants have no antecedents. They are not likely to flee from justice. Hence, application allowed in terms of interim order. (R. M. JOSHI, J.) bsj 940-ABA-1863-2024.odt 3 of 3