Manoj Vithal Solanki v. State Of Maharashtra

Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2022.12.17 15:48:29 +0530 DIKSHA DINESH RANE ANTICIPATORY BAIL APPLICATION NO.3301/2022 MANOJ VITHAL SOLANKI ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Tanveer J. Farooqui for the applicant.

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

Mr. Suryakant Pawar, API, M.H.B. Police Station. ------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 15, 2022.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for pre-arrest bail in respect of the First Information Report (FIR) No.0168/2022 registered with M.H.B. Colony Police Station on March 28, 2022 for the offence punishable under Sections 354, 324, 323, 506(2) of the Indian Penal Code, 1860 (hereafter 'the IPC' for short). 3.

The applicant and the complainant were in live in relationship for more than 6 to 7 years. They had separated from 8 months. It is alleged that complainant's brother Atiq 1/3

Shaikh invited her and her daughter for the birthday celebration of his wife Poonam on March 27, 2022. The applicant was also present with his friends. It appears that the applicant expressed his desire to the complainant that he wants to live with her. When the complainant refused, the applicant threatened her with dire consequences. The complainant's daughter-Afreen was trying to persuade him but he was not ready to listen. It is alleged that the applicant misbehaved with her and bit her. When the complainant's daughter tried to intervene, the applicant bit her on the right hand. The injury certificate reflects that the injuries sustained are simple in nature. Though it is alleged that the applicant hit the complainant on her head with an iron rod, there is no such injury on her person. The complaint appears to be a outcome of personal issues between the applicant and the complainant who were in live-in-relationship for a long time. The complainant and her family members as well as the applicant were present for the birthday celebrations on the invite of the complainant's brother.

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4.

In the present case, in my opinion, the custodial interrogation is not required. The applicant is willing to cooperate with the investigation. Hence the following order.

ORDER

(A) In the event of arrest in connection with FIR No.0168/2022 registered with M.H.B. Colony Police Station, the applicant-Manoj Vithal Solanki shall be released on bail on furnishing P.R. bond of Rs.25,000/- with one or more sureties in the like amount.

(B) The applicant shall report to the concerned police station on 19th and 20th December, 2022, between 10.00 a.m. and 1.00 p.m. and thereafter, as and when called. (C) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(D) The applicant to furnish the details of his residential address and contact numbers to the Investigating Officer. (E) The applicant to co-operate with the Investigating Officer.

5.

The application is disposed of.

(M. S. KARNIK, J.) 3/3