Kartik Sahebrao Bhadane v. The State Of Maharashtra

{1} ABA 1083 OF 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 ANTICIPATORY BAIL APPLICATION NO.1083 OF 2020 Kartik Sahebrao Bhadane Age: 23 years, Occu.: Private Job, R/o. E-2704, Mohanpuram.

Kansai Section, Ambarnath (E), Tal.Ambarnath, Dist.Thane.

..Applicant

VERSUS

The State of Maharashtra, Through Dharangaon Police Station, Jalgaon, Tq. & Dist.Jalgaon.

..Respondent ...

Advocate for Applicant : Shri Arivind K.Tiwari APP for Respondent-State : Shri N.T.Bhagat ...

CORAM : M.G.SEWLIKAR, J.

VACATION COURT DATE: 20th November, 2020 PER COURT:- 1.

Heard Shri A.K.Tiwari, learned counsel for the applicant and Shri N.T.Bhagat, learned APP for the respondent-State. 2.

The applicant and the informant got married on 15-05-2019. It is alleged that the marriage between the applicant and the informant has still not been consummated. When this fact was brought to the notice of her mother-in-law and sisters-in-law, they started ill-treating the informant. She was abused by them calling her mad and a bitch. Her sister-in-

{2} ABA 1083 OF 2020 law tried to throttle her. The ill-treatment was on account of her allegation that the applicant was incapable of keeping physical relations with the informant.

3.

Shri Tiwari, learned counsel for the applicant submitted that the allegations are general in nature. The only allegation against the applicant is that he had abused her in flthy language. General allegations of beating are made. He submitted that all other accused have been released on anticipatory bail.

4.

Shri Bhagat, learned APP submitted that serious allegations are made against the applicant. He submitted that the ornaments are to be recovered from the applicant. He, therefore, prayed for rejection of the application.

5.

On perusal of the investigation papers produced by the learned APP, it is seen that almost entire investigation is complete except the formality of presenting the charge-sheet. On perusal of the FIR and investigation papers, it appears that the main allegation of the informant is that the applicant is incapable of keeping physical relations. Having regard to the nature of the allegations, it does not appear that custodial interrogation of the

{3} ABA 1083 OF 2020 applicant is necessary. In view of this, the following order is passed:

ORDER

I) Application is allowed.

II) In the event of arrest, applicant be released on bail in connection with Crime No.489 of 2020, registered with Dharangaon Police Station, Dist.Jalgaon, for the ofence punishable under Sections 498A, 294, 352, 406, 506 read with 34 of the Indian Penal Code, on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen thousand only) with one solvent surety in the like amount and on condition that he shall remain present before the Investigating Ofcer as and when required and shall not interfere in the investigation and shall not tamper the prosecution evidence.

( M.G.SEWLIKAR ) JUDGE SPT