Kaushik Chandmohan Bisen v. State Of Maharashtra And ANR

Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION SHABNOOR AYUB PATHAN ANTICIPATORY BAIL APPLICATION NO.805 OF 2024 SHABNOOR AYUB PATHAN Date: 2025.09.23 18:45:20 +0530 Kaushik Chandmohan Bisen ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Aniket B. Deshkar, for the Applicant.

Ms. Rajashree V. Newton, APP for the State-Respondent No.1.

Ms. Saswati Deb, for respondent No.2 (Appointed as Legal-Aid).

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 23, 2025 P.C.:

1.

The present application is filed by the applicant seeking prearrest bail under Section 438 of the Code of Criminal Procedure, 1973, as he apprehends arrest in connection with Crime Register No.289 of 2023 registered at Kamothe Police Station, Panvel, for offences punishable under Sections 498A, 495, 323, 504 read with Section 34 of the Indian Penal Code, 1860.

2.

As per the FIR lodged by the informant, the applicant had suppressed the fact of his earlier marriage and uploaded false information on a matrimonial website. It is further alleged that at the time of marriage, the applicant concealed that he was suffering

from physical difficulty in walking and sitting. The informant has also alleged that she was subjected to mental and physical harassment by the applicant and his family members, which included physical assault. She has also alleged that the applicant physically drove her out of the matrimonial home, which led to the lodging of the FIR.

3.

The learned Advocate appearing for the applicant submitted that during the pendency of this application, mediation was attempted between the parties. He pointed out that the investigation has already been completed and charge-sheet is filed. Therefore, custodial interrogation of the applicant is not required. He further relied on the interim protection granted by this Court on 26 March 2024 and prayed for continuation of the same. 4.

On the contrary, the learned APP and the Advocate representing the informant submitted that though the informant is ready and willing to resume cohabitation with the applicant, the applicant is not inclined to accept her. They further submitted that the allegations made in the FIR are serious in nature and, therefore, this application for pre-arrest bail deserves to be rejected.

5.

I have considered the submissions of both sides and gone through the record. The allegations made by the informant are noted. However, the investigation is already completed and the charge-sheet has been filed. The interim protection granted by this Court has been in operation since 26 March 2024 and there is nothing on record to show that the applicant has misused the

liberty. In these circumstances, further custodial interrogation of the applicant is not necessary.

6.

The apprehension of the prosecution and the informant can be safeguarded by imposing suitable conditions. 7.

Hence, following order:

a) In the event of arrest in connection with Crime Register No.289 of 2023 registered with Kamothe Police Station, Panvel for offences punishable under Sections 498A, 495, 323, 504 r/w 34 of IPC, the applicant be released on bail on furnishing P.R. bond of Rs.25,000/-, along with one or two sureties in the like amount.

b) The applicant shall remain present before the concerned police station as and when called by the investigating officer.

c) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. d) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. e) The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the Court concerned, and shall not change the residence till the final disposal of the case.

8.

The Anticipatory Bail Application stands disposed of in above terms.

(AMIT BORKAR, J.)