14-ABA 1132-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1132 OF 2019
Siddhivinayak Umesh Virdhe …Applicant
Vs.
State of Maharashtra …Respondent
• Mr. Sarang S. Aradhye, Advocate for the Applicant.
• Mr. Prashant Jadhav, APP for the State.
• Mr. Dattatray S. Nikam, API, Pandharpur City Police Station.
CORAM : SARANG V. KOTWAL, J.
DATE : 22nd JULY, 2019
P.C. :
1. The applicant is seeking anticipatory bail in connection with
CR No. 172/19 registered at Pandharpur City Police Station under
Sections 498-A, 417, 323, 504, 506 read with 34 of the SectionIPC.
2. The FIR is lodged by applicant’s wife. It is alleged in the FIR
that the applicant was physically incapable in consummating their
marriage. By suppressing this fact, applicant no. 1 still got married
with first informant and thus she was cheated. There are
allegations in the FIR that the applicant and his family members
were aware of his physical incapability and yet they did not inform
her about the same, hence, they were party to the cheating. There
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14-ABA 1132-19.odt
are other allegations of harassment. However, most of these
allegations arise from this basic allegation of suppression of this
important fact.
3. On the last occasion, this court vide order dated 24 th May
2019, had recorded that the applicant was willing to undergo
medical tests.
4. Learned Counsel for the applicant submitted that the medical
tests accordingly were conducted. I have perused the reports which
are produced by the investigating officer. The medical reports
support the applicant’s case that he is not suffering from any such
incapability as alleged in the FIR. The investigating officer is
present in the court. On his instructions, learned APP makes a
statement that since the medical examination is already
completed, his custody may not be necessary. The other
allegations are in respect of offence under Section 498A. The
allegations are general in nature and custodial interrogation
would not reveal anything further that what is mentioned in the
FIR. The investigation can go on. However, for that purpose
custody of the applicant is not necessary. In this view of the
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matter application is allowed. Hence, the following order:-
ORDER
(i) In the event of his arrest in connection with C.R.
No. 172/19 registered at Pandharpur City Police Station, the
Applicant is directed to be released on bail on his furnishing
PR bond in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand Only) with one or two sureties in the like amount.
(ii) The Applicant shall attend the concerned Police
Station as and when called.
(iii) Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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