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Bombay High CourtABA/1227/2023application allowed

Ajit Ashok Jadhav v. The State Of Maharashtra

2023-08-24Hon'Ble Shri Justice R. M. Joshi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1227 OF 2023 AJIT ASHOK JADHAV

VERSUS

THE STATE OF MAHARASHTRA Mr. G. J. Kore, Advocate for the applicant Mr. S. P. Sonpawale, APP for the respondent/State

CORAM

: R. M. JOSHI, J.

DATE : 24th AUGUST, 2023 P.C. :- 1.

Applicant apprehends arrest in connection with Crime No. 194/2023 registered with Dharur Police Station, Dist. Beed for the offences punishable under Sections 498A, 323, 504, 506 and 34 of IPC. 2.

Informant is the wife of the applicant who has alleged that applicant used to cause harassment to her and he used to demand Rs.15 lakhs for purchase of the flat and that she was physically and mentally harassed for not meeting the said demand.

3.

Learned counsel for the applicant states that in fact the applicant had purchased the flat in the year 2020 jointly in the name of applicant and informant. Thus, according to him the allegations made in the first information report are false. He further submits that nothing is to be 962.aba1227.23.odt

recovered at the instance of applicant and therefore his custodial interrogation is not necessary.

4.

Learned APP opposed the application.

5.

Perusal of the first information report indicates that the allegations against the present applicant is that he used to demand of Rs.15 lakhs for purchase of the flat. In view of the document placed on record which indicates that in the year 2020 a flat was purchased by the applicant jointly in his name and in the name of informant on 20/02/2020 the said allegation is apparently false. Thus, there is reason to believe that owing to matrimonial disputes between parties, this FIR could be by way of false/over implication. Having regard to the nature of allegations, nothing is to be recovered at the instance of present applicant and hence his custodial interrogation is not necessary. There is no criminal history against applicant nor he is likely to flee from justice. Hence the application is allowed in terms of interim order dated 27th July, 2023. Condition imposed of attendance before Investigating Officer stands cancelled.

(R. M. JOSHI, J.) ssp 962.aba1227.23.odt