Jayshri Gorksh Thite v. The State Of Maharashtra

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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

Versus

The State of Maharashtra ..Respondent ______ Mr. Abhishek Kulkarni a/w. Sagar Wakale for Applicant. Mr. Arfan Sait, APP for State/Respondent.

______ CORAM : SARANG V. KOTWAL, J.

DATE : 13 JUNE 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 364-A, 385, 384, 387, 506 read with 34 of IPC.

2.

Heard Mr. Abhishek Kulkarni, learned counsel for the Applicant and Mr. Arfan Sait, learned APP for the RespondentState. 3.

The FIR is lodged by one Rajendra Palakhe. His son Krishnat was missing since 30.12.2023. Initially, the informant had lodged a complaint about his missing on 1.1.2024 at Rajgadh Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.06.18 12:39:11 +0530 VINOD BHASKAR GOKHALE

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. 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.

In this background, the applicant was protected by adinterim order dated 20.02.2024 and she was directed to attend the concerned police station. Learned APP, on instructions of the I.O. states that the applicant has attended the police station and has cooperated with the investigation and, in fact, charge-sheet is already filed.

6.

In a significant development, the concerned boy has returned home and, therefore, the investigating agency has dropped Section 364-A of the I.P.C. In this view of the matter, there is no impediment in granting final relief U/s.438 of the Cr.p.c. to the present applicant.

7.

Hence, the following order :

O R D E R

i) In the event of her arrest in connection with C.R.No.6 of 2024 registered with Rajgadh police

station, Pune, the applicant is directed to 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) The Application is disposed of.

(SARANG V. KOTWAL, J.)