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Bombay High CourtABA/1512/2023allowed

Deepa Vijaykumar Ingale v. State Of Maharashtra

2023-06-05Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1504 OF 2023 Vijaykumar Vishwanath Ingale .... Applicant v/s.

The State of Maharashtra .... Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 1512 OF 2023 Deepa Vijaykumar Ingale .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Vikrant V. Phatate for the Applicants.

Mr. R.M. Pethe, APP for the State.

Mr. Pravin Ombase, Faujdar Chawdi Police Station, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 05th JUNE, 2023.

P. C. :- .

These are the Applications under section 438 of Cr.P.C. filed by the aforesaid Applicants apprehending their arrest in C.R.No.214/2023 registered with Foujdar Chawdi Police Station, Solapur for offences punishable under sections 326, 343, 504, 506 r/w. 34 of the Indian Penal Code.

2.

The aforesaid crime was registered pursuant to the FIR lodged by Geeta Arvind Bhakre. The facts narrated in the FIR prima facie reveals 1/3

that the Applicants had an altercation with the first informant. She has also alleged that the Applicants abused her in filthy words and threatened to cause her death. She has stated that the Applicant - Vijaykumar hit a chair on her head and that the Applicant - Deepa scratched her.

3.

The medical records reveal that the first informant had suffered CLW on left parietal region and abrasions on the left and right armpit. The medical records do not indicate that the first informant has sustained any grievous injuries. Learned APP states that considering the medical certificate and other material, the Investigating Officer dropped the charge under sections 326 and 343 of IPC and instead applied sections 324 and 341 of the Indian Penal Code. All the offences except offence under section 506, are bailable. The nature of the accusations do not justify custodial interrogation. The Applicants are the permanent residents of the State and there are no chances of the Applicants absconding and thwarting the course of justice. Considering the above facts and circumstances, the Applications are allowed on the following terms and conditions :- (a) In the event of arrest of the Applicants in C.R.No.214/2023 registered with Foujdar Chawdi Police 2/3

Station, Solapur, they shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- each with one or two sureties in the like amount ;

(b) The Applicants shall report to the Investigating Officer for two days i.e., on 07/06/2023 and 08/06/2023 between 11:00 a.m. to 02:00 p.m. ;

(c) The Applicants shall not interfere with the Complainant and the other witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner ;

(d) The Applicants shall keep the Investigating Officer informed of their current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

4.

Both Applications stand disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2023.06.07 15:24:31 +0530 3/3