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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1329 OF 2021
Rajesh Kamlesh Keswani …. Applicant
Versus
The State of Maharashtra Anr. …. Respondents
Mr. Ashutosh R. Gole for Applicant.
Smt. Anamika Malhotra, APP for State/Respondent.
Ms. Saloni M. Ghule for Respondent No.2.
CORAM : SARANG V. KOTWAL, J.
DATE : 14th JULY, 2021
(Through Video Conferencing)
P.C. :
1. The Applicant is seeking anticipatory bail in connection
with C.R.No. 134 of 2021 registered at Kapurbavdi Police Station,
Dist. Thane, under sections 498A, 323, 504 r/w. 34 of the Indian
Penal Code (for short ‘IPC’).
2. Heard Shri. Ashutosh Gole, learned counsel for the
applicant and Smt. Anamika Malhotra, learned APP for the State.
3. The First Information Report (for short ‘F.I.R.) is
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lodged by the applicant’s wife on 20/04/2021. She has stated that,
she got married with the applicant on 21/06/2018. During
marriage, some amount was paid to the applicant and his family.
Some ornaments were also given to him. The informant herself
was given Stridhan. Initially, the applicant was working in a
company at Hyderabad. There also articles worth Rs.2 lakhs were
given by the informant to the applicant. It is mentioned in the
F.I.R. that the applicant had told the informant to take up a job and
handover salary to the applicant. There used to be some dispute
between the couple over that issue. There are allegations that,
applicant’s mother was also harassing her. She had slapped her
once. It is mentioned that, on 16/12/2018 in an incident the
applicant had caused some hurt to the informant. Her allegations
are that, her little finger was fractured. She went to her parental
house, got treatment on her finger and stayed there for a few days.
Thereafter she came back to Hyderabad. The applicant again
started demanding money. The informant used to deposit
Rs.20000/-p.m. in their joint account. On 24/02/2018, the
applicant picked up quarrel with the informant. At that time, he
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assaulted the informant with a wooden stick, fist and kicks blows.
She was driven out of her house. On these allegations the
informant lodged C.R.No.170 of 2019 under section 324 of IPC at
Miyapur police station, Saibarabad. After that, she went to stay
with her father for a few days. She had given a complaint to MIDC
Police station, Andheri against the applicant and his relatives on
03/03/2019. The police had called the applicant and his parents
for counseling. Because of the efforts took by the counselor the
applicant withdrew her complaint made against the applicant. She
stayed with the applicant at Thane from 21/03/2019 to
31/01/2020. During that period, the applicant allegedly harassed
her. Thereafter the applicant got a job at Banglore. She started
residing with the applicant, but harassment to the informant was
continued. On 16/10/2020 the applicant left their matrimonial
house on the pretext that he was going to meet his parents and
since then he did not return. When the informant contacted the
applicant on phone, he never told his whereabouts. Therefore, the
informant came back to her parent’s house.
4. Learned counsel for the applicant submitted that,
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admittedly, the couple was residing separately since 16/10/2020.
The F.I.R. is lodged in April, 2021. Thus, it is lodged belatedly as
an afterthought. The allegations against the applicant are vague.
As far as the allegations of assault are concerned that is the subject
matter of separate offence i.e. C.R. No.170 of 2019 at Miyapur
police station. He submitted that the applicant has co-operated
with the investigation and has attended the police station. Learned
counsel for the applicant submitted that, the WhatsApp chats
between the applicant and informant which are annexed to this
application show that the applicant had told the informant to keep
gold with her brother, but the informant’s brother refused to keep
that gold and, therefore, there is no question of applicant
misappropriating those gold ornaments.
5. Learned counsel for the informant submitted that,
applicant’s whereabouts are not known because he has given
different addresses at Ajmer, Banglore, Hyderabad and Thane.
6. Learned APP relied on the fact that the applicant had
assaulted the informant. This would amount to cruelty. With this
submission she opposed the application.
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7. I have considered these submissions. As far as,
question of assault is concerned, as submitted by learned counsel
for the applicant, it is a subject matter of different F.I.R. which is
investigated by an appropriate investigating agency. The informant
had withdrawn the complaint made by her, on earlier occasion,
when the police had intervened. The question, therefore, remains
about the period between 21/03/2019 onwards. In that context,
the allegations are vague. No specific incidents are mentioned. The
applicant had left their matrimonial house on 16/10/2020 and
since then there was no cohabitation. There is some delay in
lodging F.I.R. and it is not explained. In this background, custodial
interrogation of the applicant is not really necessary. It is made
clear that, all the observations are restricted to passing of this
order and they shall not come in a way of investigation and further
trial. The apprehension expressed by learned counsel for the
intervenor regarding applicant’s address will also have to be taken
care of in the operative order.
8. Hence, the following order :
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ORDER
(i) In the event of his arrest in connection with
C.R.No. 134 of 2021 registered at Kapurbavdi
Police Station, Dist. Thane, the applicant is
directed to be released on bail on his furnishing
P. R. bond in the sum of Rs.30,000/- (Rupees
Thirty Thousand Only) with one or two sureties
in the like amount.
(ii) The Applicant shall attend the concerned Police
Station as and when called and shall cooperate
with the investigation.
(iii) The applicant shall furnish details of his
residential address and contact numbers to the
I.O. In case, there is any change in this aspect, it
shall immediately be informed about the same to
the Investigating Officer.
(iv) The applicant shall not cause any further
harassment, in any manner, to the informant.
(v) Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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