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Bombay High CourtABA/688/2021allowed

Sharada Bhikaji Bharati And ANR. v. The State Of Maharashtra

2021-03-15Hon'Ble Shri Justice Prakash D. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 688 OF 2021

1. Sharada Bhikaji Bharati

2. Vandana Bhikaji Bharati

3. Bharat Ananta Girigosavi Applicants 

Versus

The State of Maharashtra Respondent  .....

Mr. S. S. Redekar, for the Applicants.

Mr. A. R. Kapadnis, APP for Respondent-State. Mr. Atul Navale, P.S.I., Waliv Police Station. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

15th MARCH, 2021 PC :

.

This is an application for anticipatory bail in connection with C.R.No.139/2021 registered with Waliv Police Station for the offences punishable under Sections 452, 323, 504, 506 read with 34 of Indian Penal Code.

2.

The F.I.R was lodged on 6th February 2021. It is alleged that Manish S.

Thatte Manish S. Thatte Date: 2021.03.17 12:07:18 +0530 applicant No.1 had visited the house of the complainant on 3rd February 2021 and claimed that the complainant's husband is having affair with her. Applicant No.1 entered in the house. She abused the

complainant and her husband. She was followed by applicant Nos.2 and 3. They assaulted the complainant and her husband. They threatened them. All the three applicants are working in Police Department.

3.

The contention of the applicants is that the F.I.R is false. Applicant No.1 had lodged complaint against the husband of the present complainant vide C.R.No.I-25/2021 with Thane Nagar Police Station for the offences punishable under Section 354-D, 376 and 420 of Indian Penal Code. The accused in the said case (husband of the present complainant) has been granted anticipatory bail by this Court.

4.

Learned APP submitted that the role has been attributed to the applicants in the F.I.R. All three applicants are working in Police Department.

5.

Considering the nature of allegations in the First Information Report, the applicants need not be subjected to custodial interrogation. On conditions, anticipatory bail can be granted to them.

6.

Hence, the following order.

O R D E R

(i) Anticipatory Bail Application No.688 of 2021, is allowed.

(ii) In the event of arrest of the applicants in connection with C.R.No.139/2021 registered with Waliv Police Station, the applicants be released on bail on executing P.R. bond in the sum of Rs.25,000/- each with one or more sureties in the like amount;

(iii) The applicants shall report investigating officer as and when called for;

(iv) The applicants shall not tamper with the evidence;

(v) The applicants shall not visit the residence of the complainant.

(v) Anticipatory Bail Application No.688 of 2021, stand disposed of accordingly.

(PRAKASH D. NAIK, J.)