ABA 2470-18 (common
order).doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2470 OF 2018
Arun Rajdhar Shukla .Applicant
Vs.
The State of Maharashtra anr. .Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 2471 OF 2018
Sunita Shukla .Applicant
Vs.
The State of Maharashtra anr. .Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 2472 OF 2018
Shiv Kumari Shukla .Applicant
Vs.
The State of Maharashtra anr. .Respondents
Mr. Anirban Tripathi, Advocate, for the Applicants in all matters
Mr. S. S. Hulke, APP, for the Respondents – State in all matters
CORAM : REVATI MOHITE DERE, J.
DATE : 03.07.2019
P.C.
. Heard learned counsel for the parties.
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2. By these Applications, the Applicants seek pre-arrest bail in
connection with C. R. No. 118 of 2018 registered with the M. H. B.
Colony Police Station, Mumbai, for the alleged offences punishable
under Sections 498A, 406, 341, 323, 504, 506 r/w 34 of the Indian Penal
Code.
3. Perused the papers. The Applicant in ABA No. 2470 of
2018 is the husband of the Complainant and the Applicants in ABA Nos.
2471 2472 of 2018 are sister-in-law and mother-in-law of the
Complainant respectively. According to the Complainant – Seema, she
got married to the Applicant on 01.12.2009 and that within a few days
i. e. within four days, her ornaments were taken by the Applicant and
were deposited in the Bank locker and never returned to her again. The
Complainant has alleged that the Applicants were demanding dowry and
car, were abusing, harassing and ill-treating her. Learned counsel for the
Applicants submitted that the Applicants have been falsely implicated in
the said case. He submitted that falsity of the allegations in the FIR,
that the Complainant had given her jewellery to the Applicant within
four days of marriage, is falsified by the photographs produced by the
Applicants, which show the Complainant wearing the jewellery. It
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appears that the Bank locker where the said jewellery was kept is in the
name of the mother-in-law and sister-in-law of the Complainant.
According to the Complainant, the jewellery was never returned to her
since 2009, whereas, according to the learned counsel for the
Applicants, the jewellery was throughout with the Complainant. He
submits that in the circumstances, there is no question of
misappropriation of the Complainant’s jewellery i. e. Stridhan. He
further submits that the Applicants had never demanded any car as
alleged. The car which was purchased by the Applicant – Sunita Shukla
was purchased by paying a previous mortgage loan. He further submits
that the Applicants have co-operated with the investigation. It appears
that the Applicants have attended the concerned police station and have
co-operated with the investigation. It also appears that the locker where
the Complainant’s jewellery was allegedly kept, was opened in the
presence of panchas and panchanama was done, however, no jewellery
as alleged by the Complainant was found in the said locker. There are
allegations and counter allegations.
4. Having regard to the peculiar facts and circumstances of
the case, custodial interrogation of the Applicants is not warranted.
Accordingly, the Applications are allowed and the Applicants are
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granted pre-arrest bail on the following terms conditions :-
ORDER
(i) In the event of arrest, the Applicants be enlarged on bail, on
executing P. R. Bond in the sum of Rs. 20,000/- each with one or two
local sureties in the like amount;
(ii) The Applicants shall report to the investigating officer of
the concerned police station as when called for by the investigating
officer till the filing of the charge-sheet;
(iii) The Applicants shall not tamper with the evidence or
attempt to influence or contact the complainant, witnesses or any person
concerned with the case;
(iv) The Applicants shall co-operate with the investigation.
5. The Applications are allowed in the aforesaid terms and are
accordingly disposed of.
All concerned to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.)
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