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Prashant Prakashgir Gosavi vs The State Of Maharashtra on 24 October, 2018

911 aba 2198-18.doc



Prashant Prakashgir Gosavi ..Applicant


The State of Maharashtra . ..Respondents

Mr. Subodh Desai I/b. Aditya Sawant for the Applicant.
Mr. Rajan Salvi, APP for the State.


DATED : OCTOBER 24, 2018.


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.


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