Jayshri Gorksh Thite v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.470 OF 2024 Jayshri Goraksh Thite .....Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Abhishek Kulkarni, Advocate a/w. Sagar Wakale, Khanderao Tachale, for the Applicant.

Ms. Pallavi N. Dabholkar, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 20th FEBRUARY, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.6/2024 registered with Rajgadh Police Station, District-Pune on 5.1.2024 under Sections 364A, 385, 384, 387, 506 read with 34 of IPC. 2.

Heard Mr. Abhishek Kulkarni, learned counsel for the Applicant and Ms. Pallavi Dabholkar, learned APP for the Respondent-State.

3.

The FIR is lodged by one Rajendra Palakhe. His son Krishnat is missing since 30.12.2023. Initially, the Deshmane(PS)

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informant had lodged a complaint about his missing on 1.1.2024 at Rajgadh police Station. After that he found a chit in his house written by his son Krishnat. In that chit he had named the present Applicant. It is mentioned in the chit that the Applicant was demanding money and though there was no pending loan against the informant's family they were repeatedly asking for money and harassing him. They were also threatening to harm him. Because of that he was thinking of taking the extreme step of committing suicide and he wanted that the Applicant and her associates should be held responsible. The FIR also mentions some allegations against one Santosh Mohite. There are allegations that Santosh was demanding the extortion money for allowing Krishnat to ply his vehicle carrying passengers. There is a reference to an incident dated 24.12.2023 wherein the informant had gone to Santosh's office. The Applicant, other ladies connected with the Bachat Gat and Santosh had threatened him. This is the gist of the FIR.

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4.

Learned counsel for the Applicant submitted that the Applicant herself and her Bachat Gat associates were the real victims. The informant's family had taken a loan and had not repaid it. They had already submitted an application in the nature of a complaint on 27.2.2023 against Krishnat, which was signed by 67 members of that Savings Group. It was also signed by the Applicant.

5.

Learned APP submitted that the investigation is still going on. As of today there is no trace of Krishnat. The investigation in that direction is also going on. 6.

I have considered this situation. There is a previous enmity between the informant's family and the Applicant's Savings Group. It is evident from the earlier complaint filed by the Applicant. The chit found in the informant's house indicates that Krishnat had left his house on his own. The reasoning given by him was about the harassment caused to him; but the chit indicates that he perhaps was not abducted, but, he had left on his own.

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7.

All these circumstances need serious investigation. For the time being the Applicant can be protected by ad-interim relief and she can be directed to cooperate with the investigation. Hence, the following order:

O R D E R

(i) In the event of her arrest in connection with C.R.No.6/2024 registered with Rajgadh Police Station, District-Pune, till the next date, the Applicant be released on bail on her executing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) This order shall operate till 3.4.2024.

(iii) The Applicant shall attend the concerned Police Station on 4th, 5th and 6th March, 2024 between 1:00 p.m. to 5:00 p.m. and thereafter as and when called. The Applicant shall cooperate with the investigation. (iv) Stand over to 3.4.2024.

(SARANG V. KOTWAL, J.)