Anil Dhruvkumar Tiwari v. The State Of Maharashtra
1/4 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1752 OF 2017 Anil Dhruvkumar Tiwari ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH CRIMINAL APPLICATION NO.805 OF 2017 IN CRIMINAL BAIL APPLICATION NO.1752 OF 2017 Vijayalaxmi Anil Tiwari @Miss Vijayalaxmi Omprakash Mishra ...Intervener
IN THE MATTER BETWEEN
Anil Dhruvkumar Tiwari ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr.S.B.Shelar i/b Mr.M.R.Gowd, for the Applicant. Ms.J.S.Lohakare, A.P.P for the Respondent-State. Mr.Q.S.Kapasi i/b Mr.V.Y.Mishra, for the Intervener. CORAM : REVATI MOHITE DERE, J.
DATE : 19th SEPTEMBER, 2017 P.C. :
1.
Heard learned counsel for the parties.
2/4 2.
By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.120 of 2017 registered with the Charkop Police Station, Mumbai, for the alleged offences punishable under Sections 498(A), 313, 354, 328, 406, 494, 417 r/w 34 of the Indian Penal Code.
3.
Learned Counsel for the applicant submits that the applicant is in custody since 22nd March, 2017 and that investigation is complete and charge-sheet is filed. He submitted that false allegations are made as against the applicant and the entire family.
4.
Learned APP opposed the application.
5.
Perused the papers. The complainant is the wife of the applicant. The two got married on 28th April, 2016. According to the complainant, after marriage, she started residing with the applicant and her in-laws. She has alleged that initially she was treated well for a period of two months, however, thereafter, she was harassed and ill-treated for dowry. She has alleged that the accused would abuse her and assault her and that
3/4 they were demanding a sum of Rs.5 lakhs. She has further alleged that her father-in-law and brother-in-law outraged her modesty. According to the complainant, on 21st March, 2017, she was forcibly made to drink phenyl, pursuant to which she was admitted to the hospital. She has alleged that the applicant had held her hands, when she was administered phenyl by her sister-in-law. The complainant has further alleged that her mother-in-law had also assaulted her, as a result of which there was a miscarriage. Investigation is complete and charge-sheet is filed. 6.
Considering the aforesaid, further custody of the applicant is not required. Accordingly, the application is allowed and the applicant is enlarged on bail on the following terms and conditions:-
ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount; ii) The Applicant shall attend the concerned Police Station, on the first Saturday of every month, between 10:00 a.m. to 11:00 a.m., for a period of 12 months from the date of his release;
4/4 iii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing; iv) The Applicant shall co-operate in the conduct of the trial. 7.
The Application is allowed and disposed of in above terms. 8.
In view of the aforesaid, the Intervention Application being Criminal Application No.805 of 2017 does not survive and the same is also disposed of.
9.
It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 10.
All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)