Tejaswini Sachin Adhikari v. State Of Maharashtra And ANR
2023:BHC-AS:39364
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3585 OF 2023 Tejaswini Sachin Adhikari ...
Applicant versus The State of Maharashtra and Anr.
...
Respondents WITH ANTICIPATORY BAIL APPLICATION NO.3588 OF 2023 Monishka Sachin Adhikari ...
Applicant versus The State of Maharashtra and Anr.
...
Respondents WITH ANTICIPATORY BAIL APPLICATION NO.3589 OF 2023 Mitali Sachin Adhikari ...
Applicant versus The State of Maharashtra and Anr.
...
Respondents Mr. Rohan Shah with Mr. Sankalp Sharma, Mr. Sabari Ranjan i/by Mr. Abhijeet Badar, for ApplicantS.
Smt. Ashwini Takalkar, APP for State.
CORAM:
N.J.JAMADAR, J.
DATE :
21 DECEMBER 2023 P.C.
1.
Heard the learned Counsel for the parties.
2.
These applications are preferred for transit pre-arrest bail. Learned Counsel for the Applicants seeks leave to tender Affidavit of Service. 3.
Leave granted.
4.
Affidavit of service is taken on record.
SSP 1/3
5.
Affidavit of service is filed to affirm that Respondent No.2 has been served.
6.
Perused the allegations in the FIR annexed to the applications. 7.
Learned Counsel for the Applicants submits that Accused No.1 Sachin has been arrested. Tejaswini, applicant in ABA No.3585 of 2023 is the wife of accused No.1 and Monishka and Mitali, applicants in ABA Nos.3588 and 3589 of 2023 are daughters of accused No.1 - Sachin and Tejaswini. It is submitted that there are no allegations against the applicants in ABA Nos.3588 and 3589 of 2023 and bald allegations have been made against Tejaswini, applicant in ABA No.3585 of 2023. 8.
Prima facie, it appears that the genesis of the alleged offences is in the commercial transaction between the parties. Since Accused No.1 has been arrested, the applicants have a genuine apprehension of arrest. The applicants are women and are willing to appear before the Investigating Officer and co-operate with the investigation.
9.
In the circumstances, I am inclined to grant interim protection to the applicants till they work out their remedies before the jurisdictional court. 10.
Hence, the following order :
ORDER
(i) The applicants shall appear before the Station House Officer, Fatasil Ambari Police Station, Guwahati West, on 28 December 2023 between 10.00 SSP 2/3
a.m. to 1.00 p.m., (ii) In the event of the arrest of the Applicants - Tejaswini Sachin Adhikari, Monishka Sachin Adhikari and Mitali Sachin Adhikari in connection with C.R.No.220 of 2023 registered with Fatasil Ambari, Guwahati West Police Station, they be released on bail on furnishing a PR bond in the sum of Rs.30,000/- each with one or two sureties in the like amount.
(ii) The Applicants shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the prosecution witnesses or any of the persons acquainted with the facts of the case. (iii) This order shall remain in operation till 8 January 2024. (iv) Applications stand disposed.
( N.J.JAMADAR, J. ) SSP 3/3