Bhalchandra Rajendra Bhujbal v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1939 of 2021 Bhalchandra Rajendra Bhujbal .. Applicant

Versus

The State of Maharashtra .. Respondent ...

Mr. Sanjeev Kumar Deore with Suchita Pawar i/b Himanshu Gavit for the applicant.

Mrs.Rutuja Ambekar, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 18th AUGUST, 2021 P.C:- The applicant is apprehending his arrest in C.R.No. I102 of 2021, on his application being rejected by the Addl. Sessions Judge, Nashik on 7th August 2021.

The C.R. came to be registered with Upnagar Police Station, Nashik on a complaint filed by the complainant reporting about an incident on 25th June 2021. She allege that in the evening hours, when she was present in the house, one man and one woman gained entry into the house and they were followed by Sujata Barve, Bhalchandra Bhujbal (applicant) and one

2/3 15 aba 1939-21.doc unknown female. It is then alleged by the complainant that Sujata Barve started hurling abuses at her and she was beaten by kicks and blows. A minor injury is also attributed to her at the instance of Sujata Barve. It is alleged that the persons who barged entry into her house were threatening her to withdraw the application filed against her husband in "Bharosa Cell" and for vacating the flat.

As far as the present applicant is concerned, it is alleged by the complainant that he moved his hand over her body and thus outraged her modesty. On she seeking help, she was rescued.

Learned counsel for the applicant has invited my attention to an N.C which came to be registered on the very same day of the incident with Upnagar police station on the narration of the complainant where the accusations against the present applicant is conspicuously absent and what has stated is that she was abused and hit by hand in order to coerce her to withdraw the complaint which she had filed against her husband Vishal. Perusal of the allegations in the complaint and the fact that the allegation against the applicant are absent, when the incident was reported immediately reflect the after-thought. The incident alleged do not warrant any custodial interrogation of the applicant. Hence, the following order :-

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O R D E R

(a) In the event of his arrest, the Applicant - Bhalchandra Bhujbal in connection with C.R.No.I-102 of 2021 registered with Upnagar Police Station, Nashik, shall be released on bail on furnishing P.R. bond to the extent of Rs.20,000/- with one or two sureties of the like amount.

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(c) The Applicant shall render all his co-operation shall make himself available as and when required by the Investigating Officer.

Application is disposed of in the aforestated terms.

SMT. BHARATI DANGRE, J