Manish Vilasrao Chavan v. The State Of Maharashtra

1 5-ABA 1750-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1750 OF 2018 Manish Vilasrao Chavan ... Applicant

Versus

The State of Maharashtra ... Respondent Mr. Vikas B. Shivarkar, Advocate for the Applicant. Mr. Bhupesh Dhumatkar I/b A. Pinto, Advocate for Respondent No.2. Mr. S. R. Agarkar, for the State.

CORAM :- SARANG V. KOTWAL, J.

DATE :- 25 th JUNE, 2019.

P. C. :- 1.

The applicant is seeking anticipatory bail in connection with CR No. 71/2018 registered with Panchawati Police Station, Nasik under Sections 498A, 406, 323, 504 and 50 of the IPC.

2.

The FIR is lodged by applicant's wife on 28th February 2019. In her FIR she had stated that she got married with the applicant on 21st April 2017 and at that time her father had spent large amount for ornaments and other expenses. Initially the informant was treated properly. Slowly, the informant realised that the applicant was addicted to different vices like smoking and affairs with other ladies. It is mentioned in the FIR that on many occasions the applicant used to come home consuming liquor and she used to feel insecure. She also saw applicant's indecent photographs with other girls. The elders in the family tried to settle the issues. However, the applicant started raising suspicion about her character. Thereafter, she was Nikita Gadgil

2 5-ABA 1750-18.doc left at her parental house and was not taken to her matrimonial house. Based on these allegations FIR is lodged.

3.

Heard, Mr. Shivarkar, learned counsel for the applicant and Mr. Agarkar, learned APP for the State.

4.

The learned counsel for the applicant submitted that taking into consideration the entire allegations in the FIR, no case is made out against the present applicant. No offence is made out in the FIR. The learned counsel for the informant submits that the applicant has retained her stridhan. Considering the allegations in the FIR, it is seen that these are general allegations and in any case even if the allegations pertain to the offence punishable under Section 498A, custodial interrogation of the applicant is not necessary. Hence, the order:-

ORDER

(i) In the event of his arrest in connection with C.R. No. 71/18 registered with Panchawati Police Station, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

(ii) Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.) Nikita Gadgil