Mithil Mangesh Mhatre v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 432 OF 2022 Mohit Mangesh Mhatre .... Applicant v/s.

The State of Maharashtra .... Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 437 OF 2022 Mithil Mangesh Mhatre .... Applicant v/s.

The State of Maharashtra .... Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 434 OF 2022 Shubhangi Mangesh Mhatre .... Applicant v/s.

The State of Maharashtra .... Respondent Ms. Tamanna I. Shaikh for the Applicants.

Ms. S.S. Kaushik, APP for the State.

Ms. Vaishali Tangde, PSI, Dadar Police Station. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 04th APRIL, 2022.

P. C. :- .

These are the Applications under section 438 of Cr.P.C. filed by the aforesaid Applicants apprehending their arrest in C.R.No.21/2022 registered at Dadar Police Station for offences punishable under sections 354A, 498A r/w. 34 of the Indian Penal Code. 1/4

2.

Heard Ms. Tamanna Shaikh, learned counsel for the Applicants and Ms. S.S. Kaushik, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

3.

The aforesaid crime was registered pursuant to the First Information Report (FIR) lodged by Arti Mhatre, the wife of the Applicant - Mohit Mhatre. The material on record indicates that the complainant and the Applicant - Mohit Mhatre were married in the year 2018. Since the marriage, the complainant started residing in her matrimonial home along with the Applicant and his family members. She has stated that about 07 to 08 months after the marriage, her husband would remain busy chatting with other girls and would not give her sufficient time. She had also seen him taking his nude photographs and forwarding it to other girls. The complainant has stated that when she complaint about her husband, the Applicant - Shubhangi, mother-in-law of the complainant would tell her to ignore the messages and subjected her to cruelty. She had also made allegations against Applicant - Mithil Mhatre, the brother of the Applicant No.1 that he had forwarded some objectionable messages to her.

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4.

A perusal of the FIR indicates that the allegations are general in nature and are remote in time. Considering the nature of the accusations, this Court (Coram : Bharati Dangre, J.) by order dated 01/03/2022 had granted interim bail to the Applicants with directions to report to the Investigating Officer for interrogation. Learned counsel for the Applicants state that the Applicants have reported to the Investigating Officer and that they have been duly interrogated. 5.

Considering the nature of accusations and material in support thereof, in my considered view, the Applicants are entitled for prearrest bail. Hence, the Anticipatory Bail Applications are allowed on following terms and conditions :- (a) In the event of arrest of the Applicants in C.R.No.21/2022 registered at Dadar Police Station, they shall be released on bail on furnishing bail bonds in the sum of Rs.30,000/- each with one or two sureties in the like amount ; (b) The Applicants shall report to the Investigating Officer as and when directed by the Investigating Agency ; 3/4

(c) The Applicants shall keep the Investigating Officer informed of their current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

6.

The Applications stand disposed of.

PREETI H JAYANI PREETI H JAYANI Date: 2022.04.07 18:05:38 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 4/4