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Bombay High CourtABA/1132/2020disposed off

Sejal Mukesh Seth v. The State Of Maharashtra

2021-01-07Hon'Ble Shri Justice Sarang Vijaykumar Kotwal4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1132 OF 2020 Sejal M. Seth .... Applicant versus State of Maharashtra .... Respondent .......

• Mr.Akshay P. Jadhav, Advocate for Applicant.

• Mr.S.H. Yadav, APP for the State/Respondent.

• I.O. (PI) - Mr.Mangesh Chavan, Marine Drive Police station present.

CORAM

: SARANG V. KOTWAL, J.

DATE : 07th JANUARY 2021 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.236/2018 dated 15/11/2018 registered with Marine Drive Police Station, under sections 509, 500, 354 of the Indian Penal Code and under section 67 of Information Technology Act, 2000.

Digitally signed by Pradeepkumar P. Deshmane Date:

2021.01.08 17:30:29 +0530 2.

The FIR is lodged by the victim who was 25 years of Pradeepkumar P. Deshmane Nesarikar

2 / 4 age. She had received messages in filthy and abusive language in November 2018 and therefore she had lodged this FIR. 3.

The investigation revealed that those messages were sent by the present Applicant.

4.

Heard Mr.Akshay P. Jadhav, learned counsel for the Applicant and Mr.S.H. Yadav, learned APP for the State. 5.

Learned Counsel for the Applicant submitted that the Applicant's case is that she, the first informant and their boyfriend were in love relations, which could be described as a love triangle and out of the frustration perhaps this incident could have happened. He submitted that since 2018, the Applicant is not in touch with the first informant and they are living their separate lives. He submitted that the Applicant is a young lady and her parents are searching for a suitable life partner for her. He submitted that if she is arrested, her entire life will be ruined. Her custodial interrogation is not necessary.

3 / 4 6.

Learned APP on the instructions of the Investigating Officer PI Mangesh Chavan, who is present in the Court, makes a statement that if the Applicant cooperates with the investigation, then her custodial interrogation will not be necessary. If in case she does not cooperate, then liberty may be granted for seeking appropriate relief in this matter. 7.

Considering these submissions, I am inclined to protect the Applicant by way of order of anticipatory bail. 8.

Hence, the following order :

O R D E R

(i) In the event of her arrest in connection with C.R.No.236/2018 registered with Marine Drive Police Station, the Applicant is directed to be released on bail on her furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

4 / 4 (ii) The Applicant shall attend the concerned Police Station from 18/01/2021 to 20/01/2021 between 01.00 to 03.00 p.m.

(iii) The Applicant shall attend the concerned police station thereafter as and when called.

(iv) If the Applicant does not cooperate with the investigation, the investigating agency is at liberty to make an application for cancellation of this order.

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