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Shobha Nandu Kalgutkar vs The State Of Maharashtra on 16 January, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL ANTICIPATORY BAIL APPLICATION NO.126 OF 2019

Shobha Nandu Kalgutkar, Age 52 years,
Occ.Housewife, R/o.1408, 14th Floor,
Nakshatra greens, Naigaon (E),
Tiviri Road, Dist.Palghar. Applicant
versus
The State of Maharashtra Respondent

AND
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.127 OF 2019

Ramesh Nandu Kalgutkar, Age 30 years,
Occ.Service, R/o.1408, 14th Floor,
Nakshatra greens, Naigaon (E),
Tiviri Road, Dist.Palghar. Applicant
versus
The State of Maharashtra Respondent

Mr.Santosh S. Musale for applicants.
Mr.A.R.Kapadnis, APP in ABA No.126/2019.
Mr.S.R.Agarkar, APP in ABA No.127/2019.
Ms.Sarika More, WPSI, Malad Police Station, present.

CORAM : PRAKASH D. NAIK, J.

DATE : 16th January 2019
PC :

1. The applicants are apprehending arrest in CR No.646 of 2018
registered with Malad Police Station for offences under Sections
498A, 406, 504, 315 r/w 34 of Indian Penal Code. The FIR was
lodged on 11th December 2018. The ABA No.126 of 2019 is
preferred by mother-in-law and ABA No.127 of 2019 is preferred by

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the husband of complainant. The FIR mentions that on 31 st October
2018 the husband had assaulted the complainant and she was
pushed on the wall as a result of which she had sustained injury
which had consequently resulted in abortion. The advocate for
applicant points out that the allegations are false and prior to the
registration of FIR in question, the husband had lodged a complaint
with Malad Police Station on 16 th November 2018 that there is every
likelihood that he would be falsely implicated in false case. It is
further submitted that although the alleged incident had occurred on
31st October 2018, the FIR was lodged on 11 th December 2018. The
complainant had undergone abortion on 15th November 2018.
Learned counsel for applicant submitted that medical evidence on
record does not show that abortion was on account of any assault
attributed to the complainant.

2. Learned APP submits that investigation is in progress and
doctor’s statement is to be recorded. Presently interim protection can
be granted to the applicants on certain conditions.

3. Hence, I pass following order :

ORDER

(i) In the event of arrest of applicants in these applications in
connection with CR No.646 of 2018 registered with Malad Police
Station, the applicants be released on bail on furnishing PR bond in
the sum of Rs.20,000/- each with one or more sureties in the like
amount;

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(ii) The applicants shall report the investigating officer of Malad
Police Station on 23rd, 24th and 25th January 2019 between 11 am
and 1 pm;

(iii) Stand over to 4th February 2019.

(PRAKASH D. NAIK, J.)
MST

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