Abhijeet Ajay Sonkule v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 908 OF 2020 Abhijeet Ajay Sonkule .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr. Sarvajit B. Patil for Applicant.

Mr. S. S. Pednekar, APP for State/Respondent. ______ CORAM :SARANG V. KOTWAL, J.

DATE :15TH DECEMBER, 2020 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No. 462 of 2020 dated 22nd May, 2020 registered at Andheri Police Station, under sections 323, 324, 504 and 506(II) of the Indian Penal Code. The FIR is lodged by the Applicant' s wife.

2.

Heard Mr. Sarvajit B. Patil, learned counsel for the Applicant and Mr. S.S. Pednekar, learned APP for the State.

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3.

The First Informant has alleged in her FIR that there used to be frequent quarrels between the Applicant and the First Informant. On 21st May, 2020, in the afternoon, there was again some altercations between the couple. It is alleged that the Applicant abused her and assaulted the First Informant with rolling pin on her stomach, chest and nose and because of which, there was bleeding from her nose. The neighbours came there. Thereafter, the beating stopped. On these allegations, the FIR was lodged.

4.

The learned counsel for the Applicant submitted that the FIR is lodged as a result of domestic quarrels between the husband and wife. The Applicant had filed N.C. on 28th September, 2019 against the First Informant in respect of their quarrels. He submitted that the Applicant is falsely implicated because of their strained relations.

5.

Learned APP for the State opposed the application. He submitted that the injuries could be serious. 6.

I have considered these submissions, The description narrated in the FIR itself shows that it was a petty quarrel

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between husband and wife, though the First Informant in the FIR alleged that she suffered bleeding injury on her nose. The description, does not disclose that the Applicant had any intention of causing grievous hurt. The Applicant himself had lodged N.C. complaint against the informant in the past. In this view of the matter, the custodial interrogation of the applicant is not necessary. The Applicant deserves protection of anticipatory bail order. 7.

Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R. No. C.R.No. 462 of 2020 registered with Andheri Police Station, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned Police Station as and when called and shall cooperate with the investigating agency.

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(iii) Application stands disposed of accordingly. (SARANG V. KOTWAL, J.)