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Bombay High CourtABA/350/2023allowed

Navnath Ajinath Kale v. State Of Maharashtra

2023-02-06Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.350 OF 2023 Navnath Ajinath Kale ..Applicant VS.

The State of Maharashtra ..Respondent ------------ Adv. Sachin Madhav Bhavar i/b. Adv. Harishchandra B. Kamble for the Applicant.

Mr. S. H. Yadav, APP for the State.

------------ Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2023.02.08 20:05:38 +0530 PRADNYA MAKARAND BHOGALE CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 6, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for pre-arrest bail in respect of the offence punishable under Sections 143, 145, 147, 323, 324, 327, 341, 365, 504, 506 read with 149 of the Indian Penal Code, 1860 in connection with FIR No.414 of 2022 dated 27/09/2022 registered with Kurduvadi Police Station, District Solapur.

3.

The applicant is the father of Bhagyashree. Bhagyashree's mother-in-law is the complainant. It is 1/3

alleged that Bhagyashree's parents wanted her mother-inlaw to transfer the agricultural property in Bhagyashree's son's name. The complainant was therefore taken to the house of Bhagyashree's father where she was assaulted. The incident is alleged to have taken place on 10/09/2022. The medical certificate dated 13/09/2022 reveals that the complainant suffered simple injuries. The FIR is registered on 27/09/2022 after a delay of 17 days. In the FIR it is stated that there was some compromise which had taken place between the parties as the matter was in internal dispute within the family. Later on the complainant decided to lodge the complaint as the applicant started harassing her again.

4.

Considering the nature of the accusations, the custodial interrogation of the applicant is not required. There are no criminal antecedents reported against the applicant. There is delay in lodging the FIR. 5.

Hence, the following order :-

O R D E R

(a) Application is allowed.

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(b) In the event of arrest in connection with FIR No.414 of 2022 registered with Kurduvadi Police Station, District Solapur, the applicant-Navnath Ajinath Kale shall be released on bail on furnishing P.R. Bond to the extent of Rs.15,000/- with one or more sureties in the like amount.

(c) The applicant shall report to the concerned police station on 11/02/2023 and 12/02/2023 between 11.00 a.m. and 1.00 p.m. and thereafter as and when called.

(d) The applicant to co-operate with the Investigating Officer.

(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

(f) The applicant shall furnish the details of his residential address and phone number to the Investigating Officer.

6.

The Anticipatory Bail Application stands disposed of. (M. S. KARNIK, J.) 3/3