Pradeepkumar B. Dwivedi v. The State Of Maharashtra

Mhi 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1503 OF 2016 Shri Pradeepkumar B. Dwivedi ...

Applicant vs.

The State of Maharashtra ..

Respondent Mr.Kuldeep U. Nikam,Advocate for the applicant. Mr. Prashant Jadhav, APP, for the State.

Mr. Patil S.G. - PSI Sangavi Police Station, Pune.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 26th August, 2016.

P.C.

1.

Heard. This is an application under Section 438 of Cr.P.C. The applicant herein is apprehending his arrest in Crime No. 91 of 2016 registered at Sangvi Police Station, Dist. Pune, for the offences punishable under Sections 498A, 420, 504, 506 read with Section 34 of the Indian Penal Code.

2.

Perused the papers of investigation.

3.

It appears from the first information report that the complainant happens to be the wife of the present applicant. That she got married to the present applicant on 7.12.2012. It was a love marriage.

Mhi 2 According to the complainant, she is working in a private firm. According to her, she was harassed and ill-treated by her mother-in-law and present applicant and other members firstly, on the ground that it was a love marriage and secondly, there was a demand of Rs.2,50,000/- for purchasing a shop in their native village at Fatehpur. According to her, being fed up with the harassment and ill-treatment, she had borrowed a loan from ICICI and had given Rs.2,50,000/- to her in-laws. It is further alleged that from October 2014 to 7.9.2015, she was residing with her husband and at that time all the other accused have abused and assaulted her. On 7.9.2015, her husband had gone to China and after he left for China although she tried to contact her husband, he did not answer her calls. That the applicant had refused to cohabit with her. She met her husband on 27.2.2016 at Allahabad and at that time, he had admitted that he has got re-married. 4.

The learned counsel for the applicant, upon instructions, submits that no complaint is filed under Section 494 of Cr.P.C. 5.

Taking into consideration the nature of allegations and the submissions advanced across the Bar, this Court is inclined to protect the applicant by way of pre-arrest bail. However, it is made clear that the

Mhi 3 observations made hereinabove shall not be considered for the purpose of quashing of FIR, discharge application or at the time of trial.

O R D E R

(i) The application is allowed.

(ii) In the event of his arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall report to the concerned police station on first Sunday of each month between 10 a.m. to 12 noon for a period of three months.

The Application stands disposed of.

(SMT.SADHANA S.JADHAV, J.)