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Yogesh Ramdas Kapadia vs The State Of Maharashtra on 3 October, 2018

Sknair 933-aba-2029-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 2029 OF 2018
Yogesh Ramdas Kapadia … Applicant
Vs.
State of Maharashtra … Respondent

Mr. Mallika A. Ingole for the applicant.
Ms. A.A. Takalkar, APP for the Respondent-State.
Mr. Abhishek Gupta I/by Mr. A.M. Sarogi for the intervener
Mr. Rajendra Dahiphale, API is present.

CORAM : PRAKASH D. NAIK, J.
DATE : 3rd OCTOBER, 2018.

P.C.

1. Applicant is apprehending arrest in C.R. No. 415 of 2018

registered with Kandivali Police Station for the offences punishable

under Sections 498A, 323, 504, 506, 406 read with Section 34 of

Indian Penal Code.

2. The applicant is the husband of the complainant. Co accused

had also preferred an application for anticipatory bail before this

Court vide B.A. No. 1866 of 2018 in which this Court had granted

interim protection to them not to arrest the applicants till next

date. It is submitted that said application is due for hearing on

16th October, 2018. Learned counsel for the applicant submits that

FIR was lodged on 11th August, 2018. Prior to that, applicant had

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Sknair 933-aba-2029-18.odt

filed the petition for divorce before the competent Court in

November, 2016 and the written statement was also filed by the

informant in the said proceedings. It is submitted that contents of

the written statement are contradictory to the First Information

Report.

3. Learned APP seeks time to take instructions.

4. Considering the nature of allegations and submissions

advanced by the counsel for the applicant, interim protection can

be granted to the applicant.

ORDER

i) In the event of arrest of the applicant in connection with CR

No. 415/2018 of Kandivali Police Station, the applicant be

released on bail on furnishing PR bond of Rs.20,000/- with one or

more sureties in the like amount.

ii) This interim protection is granted till the next date of

hearing.

5. Learned counsel Mr. Abhishek Gupta submits that he has

instruction to appear for the first informant. He intends to file an

application for intervention in this application. Permission is

granted. In the event, the intervention application is filed by the

intervener, the copy of the same be served upon the advocate for

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Sknair 933-aba-2029-18.odt

the applicant. Learned advocate for the applicant shall hand over

the copy of the application to the advocate for the intervener.

6. Stand over to 16th October, 2018 to be heard alongwith

Anticipatory Bail Application No. 1866 of 2018.

( PRAKASH D. NAIK, J. )
Digitally signed
by Sachidanand
Sachidanand Kuttan Nair
Kuttan Nair Date:
2018.10.05
17:50:04 +0530

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