Geeta Royal Dcunha v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.425 OF 2022 Geeta Royal Dcunha .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Ms. Neeta Karnik, Advocate for the Applicant. Mr. P.H. Gaikwad, APP for the Respondent-State. Mr. Anil D'Souza, Advocate for the Intervenor. ______ CORAM : SARANG V. KOTWAL, J.

DATE : 17th FEBRUARY, 2022 P.C. :

1.

The applicant is seeking anticipatory bail in connection with C.R.No.5/2022 dated 3.1.2022 registered at Vasai Police Station under Sections 170, 506 read with 34 of the Indian Penal Code.

2.

Heard Ms. Neeta Karnik, learned counsel for the applicant, Shri P.H. Gaikwad, learned APP for the State and by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2022.02.18 14:29:51 +0530 Shri Anil D'Souza, learned counsel for the Intervenor. PRADIPKUMAR PRAKASHRAO DESHMANE 3.

The FIR is lodged by Verish Rebello. He has stated Deshmane (PS)

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that he had occupied a room in a hotel with his friend from 2.00 p.m. of 18.9.2021 to 11.00 a.m. of 19.9.2021. The next week his cousin told him that he had the video footage of that hotel showing the informant and his friend'

s entry and exit from the hotel. He also showed copies of the Aadhaar cards of the informant and his friend. The informant realized that it was invasion of his privacy. That cousin told the informant that if he wanted to get that video footage, he could get it from the present applicant. The informant complained to the police station. The applicant, hotel manager, informant and his counsel were called for enquiry. At that time the hotel manager told the police and the informant that the applicant had come to the hotel. She had told the hotel manager that her friend was a Custom'

s Officer and thus deceitfully obtained the video footage and Aadhaar card copies from the hotel. On this basis, the FIR was lodged.

4.

During the course of arguments, learned counsel for the first informant submitted that the matter is settled between the informant and the applicant. The applicant is the

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maternal cousin of the informant. Learned counsel for the informant tendered a copy of the affidavit of the informant dated 17.2.2022, which is taken on record. The informant himself is present before the Court today. The affidavit mentions that the informant and the applicant are cousins. The informant was assured that the documents which were breaching his privacy would not be shared by the applicant or any other person. He is satisfied by this assurance. He has specifically mentioned that he had no objection if anticipatory bail was granted to the applicant and he was filing this affidavit on his own volition and without any pressure or force.

5.

Learned APP submitted that the investigation has revealed that the Manager has supported the informant' s case.

6.

Learned counsel for the applicant submitted that in view of the close relations between the parties, there is no point in permitting custodial interrogation of the applicant. Learned counsel for the applicant submitted that the applicant has realized the seriousness of the situation and she submitted

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that there would not be any trouble to the informant in future. 7.

I have considered these submissions and the statements. It appears to be a private dispute between the cousins. In view of the affidavit filed and the statements made on behalf of the applicant and the first informant, it is better if the matter is set at rest at the earliest. The parties are closely related. The custodial interrogation of the applicant will not serve any purpose. Therefore, I am inclined to grant anticipatory bail to the applicant. Hence, the following order :

ORDER

(i) In the event of her arrest in connection with C.R.No.5/2022 dated 3.1.2022 registered at Vasai Police Station, the applicant is directed to be released on bail on her furnishing a PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) Anticipatory Bail Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.) Deshmane (PS)