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Bombay High CourtABA/1950/2021allowed

Sujata @ Swapnila Haridas Barve v. The State Of Maharashtra

2021-08-20Hon'Ble Smt. Justice Bharati Dangre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1950 OF 2021 Sujata @ Swapnila Haridas Barve ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.S.T.Pandey i/b SBG Law for the Applicant.

Mr.A.R.Kapadnis, APP for the State.

...

CORAM: BHARATI DANGRE, J.

DATED : 20th AUGUST, 2021 P.C:- 1.

Learned counsel appearing for the applicant, at the outset, invites my attention to the protection granted in favour of one Arjun Kale and one Bhalchandra Bhujbal, in the wake of the allegations levelled against them in the C.R. registered at the instance of the complainant, thereby invoking Sections 354, 452, 323, 324, 594, 506, 143, 147 and 149 of IPC. 2.

The complainant allege that when she was present in her house on 25/06/2021 in the evening, at about 7.20 hrs, one woman and one man entered into her house and they were accompanied by the present applicant, Bhalchandra Bhujbal and one unknown woman. It is alleged that, the present applicant hurled abuses at her and assaulted her by fst and blows and she took up an instrument like a screw driver and

2/3 9 ABA-1950-21.doc pinched it on her neck, causing a minor injury. It is alleged that she threatened that the complainant should withdraw the complaint fled by her and also asked to vacate the fat. The further allegation is that Bhalchandra Bhujbal outraged her modesty.

3.

Considering the nature of allegations, since it was observed that no custodial interrogation is warranted, the other two accused came to be released on bail. In my considered opinion, the same beneft should be extended to the applicant, since there is no need of custodial interrogation of the applicant, subject to the stipulation that she shall render co-operation in the investigation. Hence, the following order. : ORDER :

(a) The application is allowed.

(b) In the event of arrest in C.R.No.102 of 2021 registered with Upnagar Police Station, District Nashik, applicant - Mrs.Sujata @ Swapnila Haridas Barve shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(c) The applicant shall report to the concerned police station on every Thursday between 10.00 a.m. and 1.00 p.m. for a period of four weeks and thereafter as and when called for.

(d)The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted

3/3 9 ABA-1950-21.doc with facts of case so as to dissuade him from disclosing the facts to Court or any Police Offcer and shall not tamper with the prosecution evidence.

( SMT. BHARATI DANGRE, J.)