Palak Nilesh Vora v. The State Of Maharashtra

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2022.11.24 16:40:54 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO.3281 OF 2022 Palak Nilesh Vora ..Applicant vs.

State of Maharashtra ..Respondent Ms. Prabha Badadare, for applicant.

Mr. S.V. Gavand, APP for respondent-State.

CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 24, 2022 P.C. :

1.

Heard learned counsel for the applicant.

2.

This is an application for pre-arrest bail in respect of an offence punishable under sections 438A, 354C, 406, 504, 506, 34 of the Indian Penal Code, 1860 and sections 67 and 67A in the Information Technology Act, 2000, in connection with C.R.No. 1239 of 2022 registered with Samata Nagar Police Station.

3.

These proceedings are an outcome of matrimonial dispute. My attention is invited to the notice dated 07/09/2022 of Samta Nagar Police Station issued to the

applicant to attend and co-operate with the investigation. It is the contention of the learned counsel for the applicant that the applicant along with his parents attended the Police Station and co-operated with the investigation. However, thereafter nothing was heard. In the meantime, the applicant as well as his parents approached the Sessions Court. The parents were granted anticipatory bail by the Sessions Court.

4.

Having regard to the provisions of section 41A of the Code of Criminal Procedure, 1973 and in terms of the standing order of the Director General of Police issued vide Direction No. 3 of 2022 dated 20/07/2022 and in view of the order dated 11/11/2022 passed by this Court (Coram: Smt. Bharati Dangre, J.) in Anticipatory Bail Application No.3112 of 2022, it is necessary for the Investigating Officer to follow the procedure prescribed.

5.

Learned counsel for the applicant on instructions of the applicant states that the applicant is willing to present himself before the Investigating Officer. The applicant shall attend the Investigating Officer, Samta Nagar Police Station

on 30/11/2022 between 11.00 a.m. and 1.00 p.m. for the enquiry and thereafter as and when called. In case if the Investigating Officer wants to effect the arrest if he feels that arrest is imperative in the wake of the reasons recorded by him, he may effect the arrest after giving 72 hours notice in advance to the applicant.

6.

The anticipatory bail application is disposed of. (M. S. KARNIK, J.)