Sagar Bhausaheb Gunjal v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.484 OF 2022 Sagar Bhausaheb Gunjal ...Applicant Vs.
The State of Maharashtra ... Respondent ---- Ms.Anima Mishra a/w Ms.Angela Singa i/b Hulyalkar and Associates for the Applicant.
Mr.A.R. Kapadnis, APP for the Respondent-State. ---- CORAM : C.V. BHADANG, J.
NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2022.02.24 18:33:02 +0530 DATE : 24 FEBRUARY 2022 P.C.
.
The Applicant, apprehending arrest, in connection with the investigation of Crime No.40 of 2022 registered with Vishrambag Police Station, Sangli, under Section 354, 406, 420, 504 and 506 read with Section 34 of Indian Penal Code is seeking anticipatory bail.
2.
The aforesaid offence is registered on the basis of the complaint lodged by Sau.Harshika Harshad Vichare. 3.
I have heard the learned counsel for the parties. 4.
Perusal of the FIR shows that the informant got acquainted with the Accused No.1 Sachin Gunjal somewhere in N.S. Kamble page 1 of 3
June 2019 on a matrimonial site and they developed acquaintance and love relationship. According to the first informant she and Sachin had decided to marry. The allegation is that the coaccused Sachin stating that he is in financial difficulty, had demanded an amount of Rs.14 Lakhs to the first informant which she paid in cash on 17 October 2019. She also alleged that the co-accused Sachin made an attempt to outrage her modesty saying that they are going to marry. Subsequently Sachin started avoiding her and therefore she married on 14 July 2020 with Harshad Vichare. After a period of about 2 years she informed about the amount of Rs.14 Lakhs which was paid to the coaccused Sachin, to her husband whereupon the FIR came to be lodged on 2 February 2022.
5.
Insofar as the present Applicant is concerned the allegation is that the first informant along with her husband had met present Applicant at Khopoli where he refused to pay the amount. It can prima facie be seen that there are no allegations about the amount being paid to the Applicant. According to the first informant the said amount was paid in cash to Sachin. There is substantial delay in filing the FIR of more than 2 years. 6.
The learned Additional Public Prosecutor submitted that there is a similar offence registered against the Applicant in other Police Station.
N.S. Kamble page 2 of 3
7.
In the absence of there being any prima facie case in so far as the present offence is concerned, the criminal antecedents, if any, cannot enter consideration. 8.
In the circumstances, the following order is passed.
ORDER
(i) In the event of his arrest in connection with investigation of Crime No.40 of 2022 registered with Vishrambag Police Station, the applicant-Sagar Bhausaheb Gunjal shall be released on bail on executing a P.R. Bond in the sum of Rs.25,000/-with one or two solvent sureties in the like amount. (ii) The applicant shall report to the Investigating Officer on 3 and 4 March 2022 between 11.00 am to 1.00 p.m. and as and when called by the investigating officer and shall co-operate with the Investigating Agency.
(iii) The Criminal Application is disposed of in the aforesaid terms.
C.V. BHADANG, J.
N.S. Kamble page 3 of 3