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Devmani Shukla vs The State Of Maharashtra on 15 January, 2019

Sknair 12-aba-1912-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 1912 OF 2018

Devmani Shukla … Applicant
Vs.
State of Maharashtra … Respondent

Mr. Bhavesh Parmar I/by Vijay Prakash Yadav for the applicant.
Mr. A.R. Kapadnis, APP for the Respondent-State.
Ms. Shailaja Kadam, PSI, Vileparle Police Station is present.

CORAM : PRAKASH D. NAIK, J.
DATE : 15th JANUARY, 2019.

P.C.

1. This is an application for anticipatory bail in connection with

C.R. No. 306 of 2018 registered on 8 th September, 2018 for the

offence punishable under Sections 498A, 315 and 504 of Indian

Penal Code. Applicant preferred an application for anticipatory

bail before the Sessions Court, which has been rejected on 11 th

September, 2018.

2. The dispute arises out of the matrimonial discord. It is

alleged by the complainant that the applicant who is her husband

had assaulted her on her abdomen and other parts of the body.

The incident is disputed by the applicant. It is submitted that on

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the very day, the applicant was assaulted which is fortified by the

medical documents and in connection with the assault on the

applicant, FIR is registered with the same police station on the

same day against the brother of the complainant and other persons

who had purportedly assaulted the applicant. Medical certificate

also indicate that the applicant had sustained bleeding injuries on

the nose. The history reported to the Doctor also indicated that

the complainant was assaulted with the help of helmet.

3. Learned APP submitted that the applicant has committed

serious crime. He has assaulted the complainant on her abdomen

knowing that she was pregnant, and, thereby, committed offence

under Section 315 of IPC. Learned APP further submitted that

medical opinion indicates that she was pregnant. He also pointed

out the letter forwarded by the Doctor to the police which indicate

that complainant was pregnant and if the patient is pregnant there

is likelyhood of injuries at elbow and knee and other parts of body

which may cause injury to her baby.

4. However, there is no opinion on record to indicate that as a

result of assault, the victim and child in womb had sustained said

injury. Injury certificate indicates that there was no external

marks of injury. Applicant was directed to attend the investigating

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officer of the concerned police station as and when called for. It is

submitted that applicant has attended the police station and his

statement has already been recorded. In the circumstances,

interim order dated 19th September, 2018 is required to be

confirmed.

ORDER

i) Anticipatory Bail Application No. 1912 of 2018 is allowed;

ii) Interim order dated 19th September 2018 is confirmed;

iii) In the event of arrest of the applicant in connection with CR

No. 306 of 2018 registered with Vile Parle Police Station, the

applicant be released on bail on furnishing PR bond of Rs.20000/-

with one or more sureties in the like amount;

iv) Application stands disposed off.

( PRAKASH D. NAIK, J. )

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