Suraj Prakash Salunkhe v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 740 OF 2022 Suraj Prakash Salunkhe .... Applicant v/s.

The State of Maharashtra .... Respondent Ms. Kusum Pandey for the Applicant.

Mr. M.G. Patil, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 22nd MARCH, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.I-32/2022 registered with Nayanagar Police Station for offences punishable under sections 323, 354A, 377, 498A, 504 and 506 r/w. 34 of the Indian Penal Code.

2.

Heard Ms. Kusum Pandey, learned counsel for the Applicant and Mr. M.G. Patil, 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 crime against the Applicant and his family members has been registered pursuant to the first information report dated 28/01/2022 1/3

lodged by his wife - Jyoti Suraj Salunkhe. The FIR indicates that the Applicant and the first informant were in love with each other since the year 2011. They got married in the year 2017 and they have eight month old child from the said wedlock. It appears that the marital discord between the parties resulted in the Applicant filing a suit for divorce on 26/11/2021. The Applicant had also lodged the complaint dated 18/12/2021 against the first informant in Nayanagar Police Station for subjecting him to cruelty and threatening to implicate him in a false case. Prima facie, it appears that the complaint lodged by the first informant stems out of the marital discord and is a counter blast to the divorce proceedings and complaint filed by the Applicant against her. Even otherwise, the allegations made by the complainant prima facie are general in nature.

4.

Considering the nature of the allegations, in my considered view, this is not a case for custodial interrogation. The Applicant is a permanent resident of the State. There are no chances of the Applicant absconding and/or thwarting the course of justice. Under the circumstances, the Applicant is entitled for pre-arrest bail. Hence, the Anticipatory Bail Application is allowed on following terms and conditions :- 2/3

(a) In the event of arrest of the Applicant in C.R.No.I32/2022 registered with Nayanagar Police Station, he shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one or two sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer for four days from 28/03/2022 between 11:00 a.m. to 02:00 p.m.

(c) The Applicant shall not interfere with the witnesses and shall not tamper with evidence in any manner. (d) The Applicant shall keep the Investigating Officer informed of her current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

The Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.03.24 18:43:14 +0530 3/3