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Rajesh Kamlesh Keswani vs The State Of Maharashtra on 19 July, 2021

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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 the Applicant.
Smt. Anamika Malhotra, APP for State/Respondent.

CORAM : SARANG V. KOTWAL, J.

DATE : 19th JULY, 2021
(Through Video Conferencing)

P.C. :

1. A praecipe is moved for correction of the C.R. number

mentioned in paragraph No.1 and in the operative part in

paragraph No.8 of the order dated 14/07/2021. According to Shri.

Gole, the correct C.R. number is C.R.No. 133 of 2021 registered at

Kapurbavdi police station. The application, as well as, annexure of

this application incorrectly mentions that C.R. number as C.R.

No.134 of 2021.

2. Learned APP has verified this factual aspect from the

investigating agency and she agrees that the correct C.R. number is

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C.R.No. 133 of 2021. Therefore, corrections are required to be

made in above two paragraphs. The C.R. number mentioned in

paragraph number 1 and in the operative part in paragraph No.8

be changed to C.R.No. 133 of 2021 instead of C.R.No. 134 of

2021.

2. Correction be made accordingly.

3. Rest of the order shall remain as it is.

4. Corrected order be uploaded.

(SARANG V. KOTWAL, J.)

CORRECTED ORDER DATED 14th JULY, 2021 READS THUS:

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.

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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. 133 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

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

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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

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

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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,

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

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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.

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

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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 :

ORDER

(i) In the event of his arrest in connection with
C.R.No. 133 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

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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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