Bombay High CourtABA/793/2017others disposed off

Ramesh Dharamraj Yadav v. The State Of Maharashtra

2017-06-22Hon'Ble Shri Justice Prakash D. Naik3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO.793 OF 2017 Ramesh D. Yadav .. Applicant Vs.

The State of Maharashtra .. Respondent ......

Mrs.Minakshi Mishra, Advocate for the Applicant. Mr.Deepak Thakare, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JUNE 22, 2017.

P.C. :

This is an application seeking pre-arrest bail in connection with C.R. No.298 of 2016, registered with Vanrai Police Station, Goregaon East, Mumbai. The offences were registered under Sections 498-A, 406 and 506 read with 34 of IPC. The applicant had preferred application before the Sessions Judge which was rejected on 15th April, 2017. The prosecution case is that the complainant and the applicant had solemnized the marriage 20 years ago. However, the applicant and the co-accused were harassing the complainant. FIR was lodged on 15th November, 2016 against the

rpa 2/3 applicant and other persons. The co-accused were granted anticipatory bail by the Sessions Court.

Learned advocate for the applicant submitted that for 20 years, the complainant and the applicant had cohabited and there was no complaint at the earlier point of time. It is further submitted that another false complaint was lodged by the friend of the complainant against the applicant for the offence punishable under Sections 354 and 506 of IPC in which the applicant is granted bail.

Perused the FIR and the other documents annexed to the application. Considering the facts as narrated in the FIR and the other circumstances, I am inclined to allow this application. Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.793 of 2017 is allowed;

(ii) Interim order dated 2nd May, 2017 is confirmed;

rpa 3/3 (iii) The applicant is directed to report Vanrai Police Station Goregaon East, Mumbai, as and when called for;

(iv) Criminal Anticipatory Bail Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)