911 aba 2198-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2198 OF 2018
Prashant Prakashgir Gosavi ..Applicant
v/s.
The State of Maharashtra . ..Respondents
Mr. Subodh Desai I/b. Aditya Sawant for the Applicant.
Mr. Rajan Salvi, APP for the State.
CORAM : ANUJA PRABHUDESSAI,J.
DATED : OCTOBER 24, 2018.
P.C.
1. This is an application under Section 438 Cr.P.C. filed by the
aforesaid applicant apprehending his arrest in C.R.No.304 of 2018
registered with Navghar Police Station, Thane, and subsequently
transferred to Pimpalgaon Police Station, Nashik for offences under
Section 498A, 201, 323, 341, 354-D, 406, 420, 504, 506 r/w. 34 of
IPC, and under Section 67 of Information Technology Act, 2000, and
Section 15 of the Juvenile Justice Act, 2000.
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2. Heard Mr. Desai, the learned Counsel for the applicant and Shri
Salvi, the learned APP for the State. I have perused the records and
considered the submissions advanced by the learned Counsel for the
respective parties .
3. The applicant is the husband of the first informant Pooja Prasad
Gosavi. They were married in the year 2010, and they have a child
from the said wedlock. Said Pooja had lodged FIR on 14 th August,
2018 alleging that soon after the marriage the applicant and his
family members had demanded household articles worth
Rs.1,70,000/-. Later, the family of applicant started suspecting her
character and started abusing her. Since 2015 the first informant
and the child started residing separately at Ozhar, Nashik. However,
since she was unable to pay the rent, she returned to her matrimonial
house at Pimpalgaon. The first informant had further alleged that
on 21st June, 2018 when she had gone to her matrimonial house, at
Pimpalgaon, the applicant’s family had demanded divorce. The first
information report further reveals that the applicant had also filed a
private complaint being RCC No.93 of 2018 against the father of the
first informant. The first informant has alleged that she has
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maintained a dairy about the ill-treatment meted out to her by the
applicant and his family members. She has stated that the brother of
the applicant had sent some messages from her phone. She has
stated that she has been subjected to physical and mental cruelty
since the time of her marriage.
4. The records prima facie reveal that the family members of the
applicant, against whom similar allegations have been made have
already been granted pre-arrest bail by the Sessions Court. The
applicant herein has been declined bail mainly on the ground that his
presence is required for the purpose of recovery of the mobile phone
on which messages were sent. The FIR reveals that the said message
was sent by the brother of the applicant, who has already been
granted bail. Hence, the presence of the applicant would not be
required for recovery of the mobile phone. The material on record
shows that there is matrimonial dispute between the applicant and
the first informant. The possibility of this FIR being an offshoot of
the said matrimonial dispute cannot prima facie be ruled out.
5. Considering the above facts and circumstances, so also
considering the nature of the allegations in the FIR, in my considered
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view, this would be a fit case to grant pre-arrest bail. Furthermore,
the applicant is a permanent resident of Pimpalgaon. There are no
chances of his absconding or thwarting the course of justice. The
applicant has no criminal antecedents.
6. In view of the above facts and circumstances, the application is
allowed on the following terms and conditions:-
(i) In the event of arrest of the applicant in Crime No.304 of 2018
registered with Navghar Police Station, Thane, and subsequently
transferred to Pimpalgaon Police Station, Nashik, the applicant be
released on bail on furnishing bail bond of Rs.25,000/- (Rupees
Twentyfive Thousand Only) with one or two solvent sureties in the
like amount;
(ii) The applicant shall report to the Investigating Officer for four
days from Monday 29th October, 2018, and further as and when
required by the Investigating Officer for the purpose of investigation
and interrogation;
(iii) The applicant shall provide his permanent as well as temporary
address, if any, and his contact details to the Investigating Officer;
(iv) The applicant shall not change his residential address without
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prior intimation to the Investigation Officer.
(v) The applicant shall not interfere with the complainant and the
other witnesses in any manner.
(ANUJA PRABHUDESSAI, J.)
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