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Bombay High CourtABA/487/2023allowed

Sandesh Tukaram Nimgire v. The State Of Maharashtra

2024-06-24Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 487 OF 2023 Sandesh Tukaram Nimgire ...Applicant Vs.

SAYALI DEEPAK UPASANI The State of Maharashtra

...Respondent

SAYALI DEEPAK UPASANI Date: 2024.06.25 10:28:59 +0530 Mr. Ashwin R. Kapadnis with Vivek Rane, Advocate for Applicant. Mrs. Veera Shinde, APP for State-Respondent.

Mr. Amey Sirsikar, with Ganesh Gorawade, for Respondent No. 2. CORAM:- ANIL S. KILOR, J.

DATED:- 24th JUNE, 2024 PC :- 1) Heard 2) By this application under Section 438 of the Code of Criminal Procedure the applicant is seeking pre-arrest bail in connection with Crime No. 389 of 2022, registered with Police Station, Nate Pute District: Solapur Rural for the offences punishable under Sections 498-A, 354-A, 406, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860.

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3) The allegations made in the present matter are relating to matrimonial dispute. This Court on 20th February, 2023, granted interim bail to the applicant and directed the applicant to attend the police station on 25th February, 2023 and 26th February, 2023, which he has attended.

4) Though the learned counsel for the informant and APP for the State have strongly opposed the application, having considered the nature of allegations, I am of the opinion that the order dated 20th February, 2023 needs to be confirmed.

5) Accordingly I passed the following order:

ORDER

i ) The Criminal Application is allowed.

ii) The order dated 20th February, 2023, granting interim bail to the applicant, is confirmed.

iii) The applicant shall attend the Nate Pute Police Station Dist: Solapur Rural on 1st July and 4th July, 2024 between 10.00 am and 11.00 am, and thereafter, as and when his presence is required.

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v) Liberty to the State to apply for cancellation of bail in case the applicant do not cooperate the Investigating Officer in the investigation.

vi) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

The Criminal Application is disposed of accordingly. [ANIL S. KILOR, J.] 3/3