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Palak Vijay Chiraee vs The State Of Maharashtra And Anr on 25 March, 2019

1 27 ACB 140-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

APPLICATION FOR CANCELLATION OF BAIL NO. 140 OF 2018

Palak Vijay Chiraee …Applicant

Versus

1] The State of Maharashtra,
2] Vijay Khiyaldas Chairee …Respondents
…….
Mr. Girish Nagori, Advocate for Applicant.
Mr. A. A. Jagatkar, A.P.P. for Respondent No. 1.
Mr. Chaitanya C. Deshpande, Advocate for
Respondents No. 2.
…….

CORAM : V.M. DESHPANDE, J.
DATE : 25TH MARCH, 2019

ORAL JUDGMENT :

01. Rule. Rule made returnable forthwith. By

consent of the parties heard finally.

02. Heard Mr.G.A. Nagori, learned Advocate for

the applicant, Mr.A.A.Jagatkar, the leanred A.P.P.

for respondent No.1 and Mr.C.C.Deshpande, the

learned Advocate for respondent No.2. The present

applicant is the first informant. She lodged the

first information report with Police Station,

Dondaicha, Dist. Dhule against the respondent No. 2

and others on 27.5.2018. On the basis of which the

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2 27 ACB 140-2018

crime was registered vide C. R. No. 46 of 2018 for

the offence punishable under Sections 498A, 313 read

with 34 of the Indian Penal Code.

03. Since respondent No.2 was apprehending his

arrest, he preferred an application for grant of

bail before the Court below and the said was

registered as Cri. Bail Appln No. 555/2018 and the

learned Additional Sessions Judge, Dhule on 4.8.2018

granted anticipatory bail in his favour with a

direction that he shall report Investigating Officer

once in a week for next 30 days from 4.8.2018 and

shall be with the Investigating Officer from 4.00 PM

to 5.00 PM.

04. Respondent No. 2-Vijay Chairee is the

husband of the first informant. Perusal of the

first information report would show that the

allegation against the present respondent No. 2 is

that with the help of his sisters certain drugs were

administered to her resulting into the abortion.

The investigation has already crossed the stage of

seizure of various articles. Further, even

according to the Counsel for the applicant, the

abortion took place in the month of March 2018 and

the first information report is lodged in the month

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3 27 ACB 140-2018

of May 2018. Thus, there is a delay which has

remained to be explained at least at this stage.

05. Looking to the nature of the allegations

made against the present respondent No.2, in my view

no fruitful purpose will be served by canceling the

anticipatory bail granted in favour of respondent

No. 2-Vijay Chairee, especially when there is no

complaint on the part of the prosecution that he has

not attended the Police Station as directed by the

Court below. Hence, there is no merit in the

application. It leads to me to pass following

order;

ORDER

(i)The application is dismissed.

(ii)Rule is discharged.

[V.M. DESHPANDE]
JUDGE
Dahibhate/-

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