Anjana Sagar Jadhav v. The State Of Maharashtra And ANR

1 18- ABA No.829-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.829 OF 2019 Suman Dnyaneshwar Jadhav ] ... Applicant

Versus

The State of Maharashtra ] ... Respondent WITH CRIMINAL APPLICATION NO.639 OF 2019 Anjana Sagar Jadhav ] ... Intervener (Original Complainant)

IN THE MATTER BETWEEN

Suman Dnyaneshwar Jadhav ] ... Applicant

Versus

The State of Maharashtra ] ... Respondent Mr. Rahul Dhaygude, Advocate for the Applicant. Mr. Prashant Jadhav, APP for the State/Respondent. Mr. Kuldeep Nikam, Advocate for the Intervener in Cri. Appln. No.639/2019.

PSI N.S. Kadam attached to Satara City Police Station present. CORAM :­ SARANG V. KOTWAL, J.

DATE :­ 12 JUNE, 2019.

P. C. :­ 1.

The applicant is seeking anticipatory bail in connection with C.R.No.1066/2018 registered with Satara City Police Station u/sec.307, 498 (A), 323, 504 r/w 34 of I.P.C. 2.

This anticipatory bail application is preferred by mother­in­law

2 18- ABA No.829-19.doc of the first informant. The FIR is lodged by one Anjana Jadhav on 01/12/2018. She has mentioned in her FIR that she got married to her husband Sagar on 11/03/2017. However, she was never treated properly and her husband and mother­in­law used to continuously abuse, ill treat and harass her. In the month of November 2018 Anjana was left at her parents' house and her husband had asked her to bring money to celebrate birthday of their son. On 22/11/2018 Anjana came back to her matrimonial house but she had not brought money and therefore, her husband and mother­in­law again started harassing her. On 23/11/2018 she was assaulted. Even her son was kept away from her. The harassment continued till 25/11/2018. Finally, at midnight the first informant was driven out of house.

She went to her neighbour Akku Tai and from her house made a phone call to her parents. After some time, the husband brought her back to their house. On 26/11/2018 in the morning the mother­in­law i.e. the present applicant instigated first informant's husband Sagar to assault her. The husband assaulted her and held her hands. The applicant mother­in­law forcibly poured lizol which was a poisonous substance in her mouth. Both of them went away by locking the door from outside.

3 18- ABA No.829-19.doc rescued her. She was removed to Civil Hospital, Satara and thereafter she was taken to Sangli. After she recovered, she lodged this FIR. 3.

In this matter, the husband is already arrested and the charge­ sheet is already filed. The charge­sheet is annexed to this application. The statements of neighbours and in particular the statement of Akku Tai supports the case of the first informant. While she was in hospital, her statement was recorded on 26/11/2018 on the apprehension that there was a possibility that she could have died. In the said statement also she has mentioned the same allegations.

4.

Considering the gravity of the offence and the evidence collected by the Investigating Officer and also considering the specific serious role attributed to the present applicant, no case is made out for grant of anticipatory bail. Hence, the following order.

ORDER

1.

Application is rejected and stands disposed of accordingly. 2.

Consequently, the Criminal Application No.639/2019 preferred on behalf of original first informant is also disposed of. (SARANG V. KOTWAL, J.)