Mayur Dayanath Chaturvedi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 563 OF 2022 Mayur Dayanath Chaturvedi .... Applicant v/s.

The State of Maharashtra .... Respondent WITH INTERIM APPLICATION NO. 1011 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO. 563 OF 2022 Mayuri Shrikant Chaturvedi .... Intervenor In the matter between :- Mayur Dayanath Chaturvedi .... Applicant v/s.

The State of Maharashtra and anr.

.... Respondents Mr. Milan Desai for the Applicant.

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

Mr. Rajeev Ravi for the Intervenor in IA/1011/2022. Mr. Sunil Pawar, PSI, Dahisar Police Station. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 04th APRIL, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant for pre-arrest bail in C.R.No.1245/2021 registered at Dahisar Police Station, Mumbai for offences punishable under sections 323, 406, 498A, 500, 504, 506 r/w. 34 of the Indian Penal Code.

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2.

Heard Mr. Milan Desai, learned counsel for the Applicant, Mr. S.H. Yadav, learned APP for the State and Mr. Rajeev Ravi, learned counsel for the Intervenor. 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 Mayuri Chaturvedi, the wife of the Applicant herein. The marriage of the Applicant and the complainant was solemnized on 19/04/2017. The complainant has stated that both parties had decided to share marriage expenses, however, at the last minute, the Applicant and his family members did not bear the marriage expenses and that her father was compelled to incur the entire expenses of Rs.20 lakhs. She has stated that her father had given her and the Applicant several gold items. She had alleged that initially, she stayed in her matrimonial home at Chattisgarh along with the Applicant, his father who is about 82 years of age and two sisters. She has stated that later, they shifted to Bhayender. She claims that she was employed with Kotak Mahindra Bank but the Applicant had compelled her to leave the job. She has also alleged that the Applicant and his family members including his married sister had been 2/4

demanding cash, clothes, sweets etc. and subjecting her to cruelty. She has also accused the Applicant of having extra-marital affair. She has stated that she was thrown out of the house on 26/04/2019. 4.

The allegations made in the FIR are general in nature. Moreover, the FIR is lodged more than two years after the complainant had left her matrimonial home. Considering the nature of the accusations, this Court (Coram : Bharati H. Dangre, J.) vide order dated 02/03/2022 granted interim bail to the Applicant. It is stated that the Applicant has reported to the Investigating Officer and has been duly interrogated. 5.

Learned counsel for the Intervenor states that after the Applicant was released on bail, he has threatened the complainant. He has placed on record NC complaint which indicates that on 10/03/2022, while the maternal grand father of the complainant was at Mathura, Uttar Pradesh, two unknown persons claiming to be the relatives of the Applicant, had threatened him. It is not in dispute that no private complaint has been filed and no action has been taken against the said unknown persons. There is no prima facie material to indicate that the Applicant was involved in threatening the maternal grand father of the intervenor through the said unknown persons.

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6.

Considering the nature of accusations and material in support thereof, in my considered view, this is not a case for custodial interrogation. Hence, the Anticipatory Bail Application is allowed on following terms and conditions :- (a) In the event of arrest of the Applicant in C.R.No.1245/2021 registered with Dahisar Police Station, he shall be released on bail on furnishing bail bonds in the sum of Rs.30,000/- with one or two sureties in the like amount ; (b) The Applicant shall report to the Investigating Officer as and when required by the Investigating Agency ; (c) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

7.

The Application stands disposed of. Interim Application No. 1011/2022 stands disposed of in view of disposal of Anticipatory Bail Application.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.04.08 17:57:19 +0530 4/4