Bombay High Court
Ajaykumar Karamveer Mor vs State Of Maharashtra on 30 January, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:4533
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.3595 OF 2023
Ajaykumar Karamveer Mor .... Applicant
Versus
The State of Maharashtra .... Respondent
.....
WITH
INTERIM APPLICATION NO.13 OF 2024
IN
ANTICIPATORY BAIL APPLICATION NO.3595 OF 2023
______
Ms. Kusum Pandey, Advocate a/w. Pragati Mishra for the
Applicant.
Ms. Mahalakshmi Ganapathy, APP for the Respondent-State.
Ms. Shweta R. Agarwal, Advocate for the Intervenor in
IA/13/2024.
______
CORAM : SARANG V. KOTWAL, J.
DATE : 30th JANUARY, 2024
P.C. :
1. The Applicant is seeking anticipatory bail in
connection with C.R.No.290/2023 registered at Boisar Police
Station, District-Palghar on 19.7.2023 under sections 381 and
437 of IPC.
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Deshmane(PS)
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2. Heard Ms. Kusum Pandey, learned counsel for the
Applicant, Ms. Mahalakshmi Ganapathy, learned APP for the
Respondent-State and Ms. Shweta Agarwal, learned counsel
for the Intervenor in IA/13/2024.
3. The FIR is lodged by one Ajay Patil, who was
working as the H.R. Manager in Karamtara Engineering
Private Limited, Boisar MIDC. It is alleged in the FIR that the
present Applicant was working as a Plant Head in that
Company. He was given laptop, pen-drive etc.. On 14.6.2023,
the Applicant did not attend his work. Thereafter also he did
not attend the plant. He was contacted and was told to return
the laptop, pen-drive etc. He did not return it. Therefore, this
FIR is lodged on the allegations that the Applicant had
committed theft of the laptop, hard-disk, pen-drive etc.
4. The FIR also alleges that in March, 2023 the
Applicant had sent a consignment of goods of wrong
specifications to one foreign company causing heavy loss to
the informant's company. According to the first informant, the
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Applicant had committed theft of the laptop, pen-drive and the
hard-disk worth Rs.62,000/-. On this basis, the FIR is lodged.
5. Learned counsel for the Applicant submitted that
the Applicant had resigned from his job in January, 2023 itself.
He had reiterated about resignation in June, 2023 by sending
WhatsApp messages. He had also informed that some
employees had given threats of his life. All this was ignored
and this false FIR is lodged. She submitted that the Applicant
was not treated properly in the company. He has sent the
laptop through courier. He had no intention to commit any
theft.
6. Learned counsel for the informant submitted that
the Applicant has used the sensitive data from the hard-disk.
He had sent the laptop, but, the hard-disk was missing. This
has caused serious loss to the company as the sensitive data
was sold to their rivals.
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7. Learned APP submitted that the Applicant needs to
cooperate with the investigation and give full information of
the background.
8. I have considered these submissions. From the FIR
it appears to be a dispute between the company and its former
employee. The Applicant had sent the laptop through courier.
Therefore, to that extent the grievance of the first informant
was taken care of. As far as the allegations regarding theft of
the data is concerned, those allegations are vague. The FIR
does not mention even indirectly as to what that data related
to. The allegations are general and vague. As far as the
allegations of causing loss to the company because of his act is
concerned, it could be an error of judgment on his part but
that by itself may not amount to an offence.
9. Considering the background and the strained
relationship between the first informant's company and the
Applicant as its former employee, the custodial interrogation
of the Applicant is not necessary. He will have to cooperate
with the investigation.
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10. Hence, the following order :
ORDER
(i) In the event of his arrest in connection with
C.R.No.290/2023 registered at Boisar Police Station,
District-Palghar, the Applicant is directed to be
released on bail on his furnishing PR bond in the sum
of Rs.30,000/- (Rupees Thirty Thousand Only) with
one or two sureties in the like amount.
(ii) The Applicant shall attend the concerned police
station from 20.2.2024 to 23.2.2024 between 1.00
p.m. to 5.00 p.m. and thereafter as and when called.
The Applicant shall cooperate with the investigation.
(iii) If the Applicant does not attend the concerned police
station as directed, the informant and the
investigating agency are at liberty to file an
application for cancellation of this order.
(iv) Anticipatory Bail Application stands disposed of
accordingly. The Application for intervention is also
disposed of.
(SARANG V. KOTWAL, J.)
Deshmane (PS)
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