Baburao Ramdas Kale And ANR v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 909 OF 2024 YUGANDHARA SHARAD PATIL Baburao Ramdas Kale and Anr.
.... Applicants by YUGANDHARA SHARAD PATIL Date: 2024.04.10 14:49:08 +0530
Versus
The State of Maharashtra .... Respondent ______ Mr. Priyal G. Sarda a/w Seema Dighe a/w Shubham Sane, for the applicant.
Ms. Poonam P. Bhosale , APP for the State/Respondent. ______ CORAM :SARANG V. KOTWAL, J.
DATE : 5th APRIL, 2024 P.C. :
1.
The Applicant is seeking anticipatory bail in connection with C.R No. 45 of 2024 registered at Hadpsar Police Station, Pune, on 08/01/2024,under Sections 354, 354-B, 452, 323, 504, 506, 143, 147, 149 of the Indian Penal Code.
2.
Heard Mr. Sarda, learned counsel for the Applicant and Ms. Bhosale, learned APP for the Respondent-State.
3.
Learned APP submitted that the Investigating Officer is not present and seeks adjournment. Therefore, I have heard the parties for consideration of the ad-interim relief. 4.
The FIR is lodged by the victim herself. She was 40 years of age. Her son had eloped with the Applicant No.1's daughter who was 19 years of age. Since then they were not seen by anybody. The informant was not aware about their whereabouts. Even the Applicants were not knowing about their whereabouts. It is her case that on 18/12/2023, both the Applicants came to her house with other relatives. There are allegations that her husband was dragged out and kept locked in a car. The Applicants and other entered the informant's house, assaulted her and outraged her modesty. Thereafter, they went on. On this basis, the FIR is lodged.
5.
Learned counsel for the Applicants submitted that the Applicant No.1's wife had lodged report about missing of the Applicant No.1's daughter on 20/11/2023. She had also lodged
her FIR on 29/11/2023 vide C.R. No. 268 of 2023 at Paranda Police Station, against the informant and later as a counter blast, to pressurise the present Applicants and to save themselves from the allegations against the FIR lodged against them; the informant has lodged this false FIR.
6.
Considering these submissions, possibility of false implication, in this background, cannot be ruled out. However, it is necessary to hear the investigating officer in this case. Considering the submissions made by learned counsel for the Applicants, today I am protecting the applicants by way of adinterim relief. Hence, the following order.
ORDER
(I) In the event of their arrest in connection with C.R No. 45 of 2024 registered at Hadpsar Police Station, Pune, till the next date, the Applicants are directed to be released on bail on their executing P.R. bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like
amount.
(ii) This order shall operate till 06/05/2024.
(iii) The applicant shall co-operate with the investigation and shall not cause any harassment to the witnesses. (iv) Stand over to 06/05/2024.
(SARANG V. KOTWAL, J.)