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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO. 684 OF 2019
Dr. Nikhil s/o Devrao Chavan .Vs. State of Maharashtra,through P.S.O, P.S.
Awadhootwadi, Tq. and Dist. Yavatmal.
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. A.A. Naik, Advocate for applicant.
Mr. V.A. Thakare, A.P.P. for non applicant- State.
CORAM : V. M. DESHPANDE, J.
DATED : NOVEMBER 18, 2019
Heard Mr. Akshay Naik, learned counsel for the
applicant and Mr. Vinod Thakare, learned Additional Public
Prosecutor for the non applicant-State. Also perused the
detailed reply filed on behalf of the prosecution and the
investigation papers.
The applicant is apprehending his arrest in
connection with Crime No.1003/2019 registered with Police
Station, Awadhootwadi, Tq. and Dist. Yavatmal for an
offence punishable under Sections 498A, 328, 323, 504, 506
read with Section 34 of the Indian Penal Code and under
Section 66E, Section67 of the Information Technology Act and
under Sections 3 and Section4 of the Dowry Prohibition Act.
A crime is registered against the applicant and his
parents with Police Station, Awadhootwadi in view of the
order passed by the learned Judicial Magistrate First Class,
Yavatmal on 08.07.2019 in the complaint filed by Rajani for
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the offence punishable under Sections 498A, Section328, Section323, Section504,
Section506 read with Section 34 of the Indian Penal Code and
under Section 66E, Section67 of the Information Technology Act
and under Sections 3 and Section4 of the Dowry Prohibition Act.
The complainant Rajani was married with the
applicant on 25.11.2017. The applicant’s parents are the
medical practitioners whereas the applicant is
Physiotherapist. After marriage, the complainant started
cohabitation with the applicant at Varadh Colony, Swami
Savedi, Ahmednagar and they were residing till 22.08.2018.
It is the submission of the learned counsel for the
applicant that on 22.8.2018, the complainant left her
matrimonial house along with her father. Though various
attempts were made to fetch back the complainant from her
parental house, those were turn futile. Therefore, on
29.03.2019, the applicant issued a notice to the complainant
and asked the complainant that she shall resume
cohabitation. The record shows that prior to reply to the
notice given by the applicant, as aforementioned the
complainant issued notice to the father of the applicant Dr.
Devrao Chavan wherein it is stated that a loan amount of
Rs.10,00,000/- (Rupees Ten Lakhs) was given for
construction of house and in discharge to the said liability,
he issued cheques and when those cheques were presented
by the complainant with her banker those were not honored
because of the instructions given by the father of the
applicant that the cheques should not be honored. After
issuance of the said notice, as stated above, the reply to the
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notice for cohabitation was given by the complainant
denying all facts.
Be that as it may. Thereafter, the complainant
filed a complaint wherein the allegations were made of
torture, demand etc. against the present applicant and his
parents culminating into registration of crime.
The investigation papers which were placed
before this Court by the learned Additional Public Prosecutor
shows that the complainant and the applicant are not pulling
together and there is matrimonial discord. Along with
application for anticipatory bail, the applicant has also
annexed a copy of the petition filed on behalf of the
complainant under Section 13(1)(ia) of the Hindu Marriage
Act for dissolution of marriage and the said proceedings are
pending.
The complainant’s cohabitation with the applicant
has ended on 22.08.2018 and since then she is residing
along with her parents. But the allegations resulting into
registration of offence are made only on 09.05.2019. In the
light of factual matrix, the delay has its own impact on the
prosecution case. Though it will be open for the prosecution
to explain the same during the course of the trial. however,
for considering the application for anticipatory bail it has
already taken effect of.
On 07.10.2019, interim protection was granted
by this Court to the applicant on a condition that he shall
attend the police station and join the investigation and
cooperate the investigating officer on the dates mentioned in
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the order. Accordingly there is no dispute that the applicant
has attended the police station and joined the investigation.
The investigation papers also show that the applicant was
interrogated and his statement is also recorded.
Looking to the fact that the applicant has already
joined the investigation, prima facie, it appears that the birth
to the criminal prosecution is due to the matrimonial discord
in between husband and wife, in my view, the application
can be considered favourably. That leads me to pass the
following order :
ORDER
(i) The application is allowed.
(ii) In the event of arrest in connection with Crime
No.1003/2019 registered with Police Station,
Awadhootwadi, Tq. and Dist. Yavatmal for an offence
punishable under Sections 498A, Section328, Section323, Section504, Section506 read
with Section 34 of the Indian Penal Code and under Section
66 (e), 67 of the SectionInformation Technology Act and under
Sections 3 and Section4 of the Dowry Prohibition Act, applicant –
Dr. Nikhil s/o Devrao Chavan, be released on bail on he
executing P.R. Bond in the sum of Rs.25,000/- with one
solvent surety in the like amount.
(iii) Applicant is directed to attend Police Station,
Awadhootwadi, Tq. and Dist. Yavatmal as and when he is
called by the investigating officer. However, for that the
investigating officer shall give clear cut three days prior
written communication to to the applicant.
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(iv) With this, the criminal application is allowed and
disposed of.
JUDGE
srwagh
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