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Bombay High CourtABA/1936/2025allowed

Kshitija@ Sangita Dharmaraj Kshrsagar v. The State Of Maharashtra

2025-11-26Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1936 OF 2025 Kshitija@ Sangita Dharmaraj Kshrsagar .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Jaydeep D. Mane, Advocate for the Applicant. Mr. S. S. Chaudhari, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.11.27 19:53:30 +0530 SHANTANU SHANKARSA DHUDUM DATE : 26th NOVEMBER, 2025.

P.C. :

1.

The Applicant is apprehending arrest in Crime No.408 of 2025 registered with MIDC Police Station, Solapur City, District: Solapur, for the offences punishable under Sections 115(2), 126(2), 204, 238, 3(5), 318(4), 319(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS Act").

2.

It is prosecution's case that the Applicant runs a marriage bureau. The first informant approached to the Applicant for suitable pair. It is alleged that the Applicant and co-accused took the amount from the first informant on the assurance that they will provide him Shantanu S. Dhudum 1/4

suitable pair, but after giving the amount, they did not provide suitable pair to the first informant, and thereby cheated him. 3.

It is contention of learned counsel for the Applicant that the Applicant runs a business of marriage bureau, but due to non cooperation of the first informant, he did not get proper pair. The Applicant had no intention to cheat the first informant. To show his bonafide the Applicant has deposited Rs.50,000/- before the trial Court.

4.

It is contention of learned APP that during pendency of this application, the first informant is died and deposited amount be given to the old mother of the first informant. 5.

Learned counsel for the Applicant, on instructions, submissions that he has no objection for withdrawal of the deposited amount by the mother of the first informant.

6.

I have heard both learned counsel.

7.

Considering the allegations against the Applicant, her custodial interrogation is not required and I pass following order:

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with Shantanu S. Dhudum 2/4

C.R. No.408 of 2025 registered with MIDC Police Station, Solapur City, District: Solapur, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned police station as and when required.

iv. The mother of the first informant is permitted to withdraw the amount of Rs.50,000/- which is deposited by the Applicant. However, the trial Court shall not draw any inference from such withdrawal that the Applicant has admitted or committed the alleged offence.

v. The trial Court shall decide the trial on its own merits. v. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. 8.

The application is allowed in the aforesaid terms and is accordingly disposed off.

9.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the Shantanu S. Dhudum 3/4

case on its own merits in accordance with law and uninfluenced by the observations made in this order.

10.

All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 4/4