24 aba 1480-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1480 OF 2018
Subodh Harishchandra Rasal ..Applicant
v/s.
The State of Maharashtra . ..Respondents
Ms. Sapana Rachure for the Applicant.
Mr. S.R.Agarkar, APP for the State.
Mr. D.P.Mane, Police Constable, Khandeshwar Police Stn., Navi
Mumbai, present.
CORAM : ANUJA PRABHUDESSAI,J.
DATED : OCTOBER 06, 2018.
P.C.
1. This is an application under Section 438 Cr.P.C. filed by the
aforesaid applicant apprehending his arrest in C.R.No. 156 of 2018
registered at Khandeshwar Police Station for offences under Section
498A and 406 r/w.34 of IPC.
2. Heard Ms. Rachure, the learned Counsel for the applicant and
Shri Agarkar, the learned APP for the State. I have perused the
records and considered the submissions advanced by the learned
Counsel for the respective parties.
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3. The applicant herein was married to first informant Yogita
Rasal in the year 2012. They have a daughter from the said
wedlock. Said Yogita Rasal lodged the first information report
alleging that since her marriage, the applicant and his family
members have been demanding dowry and subjecting her to cruelty.
She has further stated that in the year 2018 the applicant and his
family members drove her and her daughter out of the matrimonial
house. Based on the said FIR the aforesaid crime has been registered
against the applicant, his parents, brothers and other family
members.
4. The records prima facie reveal that there is matrimonial distort
between the applicant and his wife. The applicant herein had issued
a legal notice dated 26th May, 2017. The said notice prima facie
indicates that the first informant has been residing with her parents
since 18.9.2015. The applicant herein had also lodged a complaint
before the Head of the Community alleging that the first informant
had left the house on 18 th September, 2015 and that she has refused
to return. The records prima facie reveal that the first informant had
lodged a report on 1st July, 2018. The material on record indicates
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that the first informant was residing with her parents for over three
years prior to lodging of the FIR and that during these three years
she had not lodged any complaint against the applicant and his
family members. Furthermore, a perusal of the FIR prima facie
reveals that the allegations leveled against the applicant are general
in nature.
5. The applicant was granted interim bail by order dated 25 th July,
2018. The learned Counsel for the applicant submits that the
applicant has already reported to the Investigating Officer and that
he has been interrogated. The learned APP also submitted that the
investigation is almost concluded and that the chargesheet will be
filed within 15 days.
6. Considering the above facts and circumstances, in my
considered view, the presence of the applicant is not required for
custodial interrogation. The applicant is a permanent resident of
Panvel and there are no chances of his absconding or thwarting the
course of justice. There are no criminal antecedents against the
applicant.
7. Considering the above facts and circumstances, the application
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is allowed on following terms and conditions:-
(i) In the event of arrest of the applicant in Crime No.156 of 2018
registered at Khandeshwar Police Station, 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,
to the satisfaction of the Investigation Officer.
(ii) The applicant shall provide his permanent as well as temporary
address, if any, and his contact details to the Investigating Officer.
(iii) The applicant shall not change his residential address without
prior intimation to the Investigation Officer.
(iv) The applicant shall not interfere with the complainant and the
Prasanna
Pradeep other witnesses in any manner
Salgaonkar
Digitally signed by
Prasanna Pradeep
Salgaonkar
Date: 2018.10.09
15:19:48 +0530 (ANUJA PRABHUDESSAI, J.)
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