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Bombay High CourtABA/1563/2015anticipatory bail granted

Sachin Pandurang Kamble v. The State Of Maharashtra

2016-03-11Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Vidya Amin ANTICIPATORY BAIL APPLICATION NO. 1563 OF 2015 Sachin Pandurang Kamble ... Applicant Vs.

The State of Maharashtra & Anr.

...

Respondents Mr. Sachin B. Chandan, Advocate for the applicant. Mrs. R. Ambekar, APP for the State.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 11th March, 2016.

P.C.:

This Application is moved by the applicant for anticipatory bail, as the applicant is facing charges under sections 498A, 406, 323, 504, 506 r/w. 34 of the Indian Penal Code.

2.

It is the case of the complainant that she got married with the applicant/accused on 22nd February, 2015, however, she was subjected to harassment, physical and mental torture. This affected her mental health. There was a demand of money from the applicant/accused and her in-laws. So, NC was registered by the complainant against the family members of the applicant/accused and applicant/accused. Thereafter, she lodged the complaint. Hence this Application.

3.

The learned counsel for the applicant/accused has submitted that 1 / 3

some meetings have taken place between the parties and now the matter is settled. The applicant/accused has returned all the articles under the panchnama on 10th March, 2016. Now the gold articles are kept with the police. Hence, the learned counsel prays that the applicant be granted prearrest bail. 4.

Learned APP confirms the fact of settlement. The complainant is present in the Court and she also confirms that the ornaments are returned by the applicant/accused and they are with the Investigating officer. 5.

Under such circumstances, the custody of the applicant/accused is not required. The gold articles of the complainant are to be returned to her after obtaining acknowledgment from her. Hence, pre-arrest bail is granted to the applicant/accused on the following terms and conditions:

O R D E R

i) Application is allowed.

ii) In the event of arrest, the applicant-accused shall be released on bail upon furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

iii) The applicant-accused shall not tamper with the evidence or pressurize the complainant or her family members; 2 / 3

iv) The applicant-accused shall not indulge into any criminal activity;

v) No need to attend the police station hereafter unless called by the investigating officer.

vi) In the event of breach of any of the above conditions, the prosecution will be at liberty to move the Court for cancellation of bail.

6.

The Application is disposed of on above terms. (MRIDULA BHATKAR, J.) 3 / 3