← Library
Bombay High CourtABA/1192/2023disposed off

Avdhesh Nagesh Dubey Alias Deepak Dubey v. The State Of Maharashtra

2023-07-31Hon'Ble Shri Justice S. M. Modak2 pages

by HEMANT CHANDERSEN SHIV Date:

2023.08.03 20:47:17 +0530 HEMANT CHANDERSEN SHIV 1/2 8.aba1192.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1192 OF 2023 Avdhesh Nagesh Dubey ...Applicant vs.

The State of Maharashtra & Anr.

...Respondents

Mr. Avinash V. Pandey i/b K. V. Dubey for the Applicant. Mr. S. R. Agarkar APP for Respondent No.1 - State. Mr. Satishkumar Dubey for Respondent No.2.

Mr. D. H. Tamboli, PSI, Nalasopara police station present. CORAM :S. M. MODAK, J.

DATED : 31ST JULY 2023 P. C. :

1.

Heard learned Advocate for the Applicant, learned APP for Respondent No.1-State and learned Advocate for Respondent No.2-first informant.

2. Let Vakalatnama be filed in the office within one week from today. Learned Advocate for intervenor assures to do that. 3.

This Court has already granted interim protection as per order dated 4th May 2023. The offence is registered under Sections 323, 324, 328, 498-A, 504, 506 read with 34 of IPC. Shiv

2/2 8.aba1192.23.doc 4.

In the meantime, the parties have settled the matter and they have mutually decided to separate themselves. The first informant has filed an affidavit dated 2nd May 2023, before this court in presence of the earlier Advocate representing the first informant. She confirms the contents of that affidavit. The mutual consent divorce petition is filed before the Civil Judge, Senior Division, Vasai being Joint Marriage Petition No.295 of 2023. Its copy is annexed to the Application. No purpose will be served by denying anticipatory bail to the Applicant. Hence, the interim protection granted by order dated 4th May 2023, is confirmed.

5.

Application is disposed of accordingly.

[S. M. MODAK, J.] Shiv