Rohit Tushar Powar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1407 OF 2023 Rohit Tushar Powar ...Applicant

Versus

State Of Maharashtra

...Respondent

______________________________________________ Mr. Rushikesh G. Patil, for the Applicant.

Ms. Pallavi Dabholkar, APP for the State.

______________________________________________

CORAM:

RAJESH S. PATIL, J VACATION COURT DATED:

9th May, 2023 PC:- 1.

This Bail Application filed under Section 438 of the Code of Criminal Procedure Code, 1973 by the Applicant who is apprehending his arrest in Crime No. 114 of 2023 registered with Gandhinagar Police 1/4

Station, Kolhapur for the offence punishable under Sections 323, 498-A, 406, 504, 506 read with Section 34 of the Indian Penal Code, 1860 ('IPC').

2.

The Applicant was married to the first informant on 05th February 2022. Within a period of six months, there were disputes between the Applicant and the first informant. The allegations made by both the parties against each other and the said informant thereafter left the matrimonial home to stay with her parents at Kolhapur. The informant filed the First Information Report with the Gandhinagar Police Station, Kolhapur against the Applicant, his father, mother and his sister. 3.

The learned Advocate for the Applicant states that the bail has been granted by the Lower Court to other accused in the said F.I.R. However, the bail was refused to the present Applicant. 4.

In view of the same. the present Application has been filed by the Applicant for Anticipatory Bail to release him on bail in the event of 2/4

the arrest.

5.

It appears to be that the husband and wife were not able to go along well in their married life, pursuant to which allegations and complaint has been filed. According to my view, the Applicant's custody is not necessary. Hence, the Applicant be released on bail in the event of his arrest, on following terms :- (i) In the event of arrest of the Applicant in Crime No.114 of 2023 of Gandhinagar Police Station, Kolhapur, the Applicant be released on bail on furnishing PR bond of Rs.25,000/- (Rupees Twenty five Thousand Only) with one or two sureties in the like amount; (ii) The Applicant shall report to the Investigating Officer on 15th May 2023 and 17th May 2023 from 11.00 a.m. to 1.00 p.m., for the purpose of interrogation;

(iii) The Applicant shall not interfere with the complainant and the other witnesses and shall not temper with the evidence or attempt to 3/4

influence or contact the complaint, witnesses or any person concerned with the case (iv) The Applicant shall keep the Investigating Officer informed of his current address and mobile/contact details, and/or change of residence or mobile/contact details from time to time. (v) The Applicant shall co-operate with the conduct of the trial and attend the Trial Court on all dates, unless exempted. 6.

The Anticipatory Bail Application is disposed of, on above terms.

(RAJESH S. PATIL,J.) 4/4