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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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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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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