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Bombay High CourtABA/218/2020anticipatory bail granted

Surekha Ramesh Lande And ORS v. The State Of Maharashtra

2020-01-31Hon'Ble Shri Justice Prakash D. Naik3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.218 OF 2020 Surekha Ramesh Lande and others Applicants versus The State of Maharashtra Respondent Mr.Kuldeep S. Patil for applicant.

Smt.Veera Shinde, APP, for State.

Mr.Ganesh Gulabrao Sutar, Police Naik, Ranjangaon Police Station, Pune Rural, present.

CORAM : PRAKASH D. NAIK, J.

DATE : 31st January 2020 PC :

1.

This is an application for anticipatory bail in CR No.I-5 of 2020 registered with Ranjangaon MIDC Police Station, Pune Rural, for offences under Sections 377, 420, 406, 498-A, 323, 504, 506 r/w 34 of Indian Penal Code.

2.

The complainant is daughter-in-law of applicant nos.1 and 2. Applicant no.3 is mediator of marriage between complainant and accused no.1. The applicant no.4 is the cousin of applicant no.2. The marriage between the complainant and the son of applicant nos.1 and 2 was solemnized on 14th May 2017. The complainant has alleged that she was subjected to harassment. False impressions were created about their property. Demands were made from complainant for cash. The stridhan of the complainant was misappropriated. The educational certificates of the complainant were withheld.

2 of 3 922.ABA.218.2020.doc 3.

Learned advocate for applicants submitted that the applicant nos.1 and 2 are aged persons. Their son has been arrested on 8th January 2020. He was in police custody for some time and presently he is in judicial custody. Nothing has been recovered from him. Applicant no.3 is the person who had played role in arranging the marriage and has been falsely implicated in the case. Applicant no.4 is cousin of applicant no.1 who is residing separately. 4.

Learned APP submitted that there was continuous harassment of the victim. The ornaments belonging to the complainant are regained by the accused. Even the educational certificates are not provided by them. The search was carried out at the residence of applicants during the course of investigation which revealed nothing. 5.

The dispute arises out of matrimonial differences. The husband of the complainant is already in custody from 8th January 2020. Although he was in police custody, no ornaments were recovered from him. Even alleged educational certificates were not recovered. The search was carried out at the residential premises of the applicant and nothing incriminating was found. Accused no.1 is already in custody. Applicant no.3 has been dragged into this prosecution being mediator. Applicant no.4 is relative of applicant nos.1 and 2. In the light of this, custodial interrogation of the applicants is not necessary.

6.

Hence, I pass following order :

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ORDER

(i) Criminal Anticipatory Bail Application No.218 of 2020 is allowed and disposed of;

(ii) In the event of arrest of applicants in connection with CR No.I5 of 2020 registered with Ranjangaon MIDC Police Station, Pune Rural, 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;

(iii) The applicants shall report the Investigating Officer as and when called till filing of charge sheet;

(iv) The applicants shall co-operate with the investigation. (PRAKASH D. NAIK, J.) MST