Chirag Harshad Suchak v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1793 OF 2018 Chirag Harshad Suchak .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Rajesh L. Dharap for the Applicant.

Ms. A.A. Takalkar, APP for the State.

Mr. Prashant Tayade, API, Vashi Police Station, Navi Mumbai. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 04th APRIL, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant for pre-arrest bail in C.R.No.250/2018 registered with Vashi Police Station, Navi Mumbai for offences punishable under sections 406, 498A, 323, 504, 506 r/w. 34 of the Indian Penal Code. 2.

Heard Mr. Rajesh L. Dharap, learned counsel for the Applicant and Ms. A.A. Takalkar, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

3.

The aforesaid crime was registered pursuant to the First 1/3

Information Report (FIR) dated 23/05/2018 filed by Renuka Chirag Suchak, the wife of the Applicant. The Applicant and the complainant were married on 07/03/2011 and they have a child from the said wedlock. The complainant has stated that after her marriage, she started residing in her matrimonial home with the Applicant and his family members. She has stated that immediately after the marriage, the Applicant and his family members started demanding money and subjected her to physical and mental cruelty. It appears that there are matrimonial disputes between the Applicant and the complainant. The Applicant has alleged that the complainant had not allowed her to enter the rental premises wherein they were residing. Proceedings for restitution of conjugal rights and for custody petition, pending before Family Court.

The FIR reveals that the allegations against the Applicant are general in nature. Moreover, the Applicant is on interim bail since 2018. It is stated that the Applicant has reported to the Investigating Officer and that he is duly interrogated. The investigation is otherwise completed in all aspects and charge sheet has already been filed. 4.

Under the circumstances, the presence of the Applicant is not required for custodial interrogation. Hence, the Anticipatory Bail Application is allowed on following terms and conditions :- 2/3

(a) In the event of arrest of the Applicant in C.R.No.250/2018 registered with Vashi Police Station, Navi Mumbai, he shall be released on bail on furnishing bail bonds in the sum of Rs.30,000/- with one or two sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer as and when required by the Investigating Agency ; (c) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

The Application stands disposed of.

PREETI JAYANI (SMT. ANUJA PRABHUDESSAI, J.) by PREETI H JAYANI Date: 2022.04.06 11:06:24 +0530 3/3