A.B.C. v. The State Of Maharashtra

2024:BHC-AS:31789

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2341 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 1929 OF 2023 A. B. C.

...Intervenor In matter between Ravindra Ashok Bobhate ...Applicant vs.

The State of Maharashtra

...Respondent

ALONGWITH ANTICIPATORY BAIL APPLICATION NO. 1929 OF 2023 Ravindra Ashok Bobhate ...Applicant vs.

The State of Maharashtra

...Respondent

***** Adv. Meghdeep Oak Advocate for the Intervenor (IA) Ms. S. E. Phad APP for the Respondent-State Shashank Shubham i/by Sameer Kadam Advocate for accused/applicant in ABA ***** CORAM : S. M. MODAK, J.

DATE : 06th AUGUST 2024 P. C. :- INTERIM APPLICATION NO. 2341 OF 2024 1.

Today this interim application filed by the victim-first informant 1/5

is on board. She wants intervention in Anticipatory Bail Application No. 1929 of 2023. Today, it is submitted on behalf of the Applicantaccused that charge-sheet is already filed and case is committed before the Court of the Sessions by the Court of Judicial Magistrate, First Class, on 16/02/2024. Copy of the said order is produced by his learned Advocate.

2.

Learned APP on instructions admits this fact. 3.

Interim application No. 2341 of 2024 is allowed, and it is disposed of.

4.

Anticipatory Bail Application is not on board. It is taken on board.

5.

This Court on 17/07/2023 has granted interim protection to this Applicant. There was a direction to give attendance to the Satara Taluka Police Station. As said above, charge-sheet is already filed. 6.

Though learned APP tried to submit yet the car used for travelling by the Applicant and the victim is yet to be seized. Learned Advocate for the Applicant disputes this contention. According to him, it was seized and also returned to the Applicant. 2/5

7.

Second contention taken by learned APP is about seizure of two mobile handsets used by the Applicant and there is an allegation that it contains recording of their relationship. They are yet not seized. According to learned Advocate for the Applicant, he is ready to produce those mobile handsets, if already not produced. 8.

Learned Advocate for the first informant invited my attention to the following documents:- a) Copy of the NCR registered at Satara Taluka Police Station on 15/05/2023 at the instance of the first informant against the wife of the Applicant under Sections 323, 504 and 506 of the Indian Penal Code.

b) Copy of the NCR registered on 03/01/2024 at Wai Police Station under Sections 504 and 506 of the IPC against the present Applicant.

9.

There is an allegation the Applicant threatened the Complainant from attending this Court for hearing of anticipatory bail application. There are medical papers about treatment taken by the first informant from page no. 18 to page no. 47. She claims that the Applicant-accused gave her certain medicines prior to F.I.R. and now she is facing the 3/5

consequences and treatment is going on.

10.

Learned Advocate for the Applicant disputed about this noncognizable complaints and they were filed in order to deny the benefits of the anticipatory bail to the Applicant.

11.

I am inclined to confirm the interim protection, however, it seems that there is an occasion for the victim to file non-cognizable complaint as mentioned above. It should not happen that the Applicant should misuse the protection granted to him by threatening the victim, who is one of the important witness in the trial to be conducted.

12.

So I am inclined to put condition of not entering the Satara Revenue Taluka.

13.

In view of that following order is passed:

ORDER

(i) The interim protection granted on 17/07/2023 is confirmed. (ii) The Applicant shall not enter the Satara Revenue Taluka atleast till the time the evidence of the victim is recorded. (iii) The Applicant, if he wants to enter the Satara Revenue Taluka he can do so, by informing the Police in advance. 4/5

(iv) He is directed to give his alternate places of residence to the Police and to the Court and inform them about change. (v) Applicant shall not threaten the prosecution witnesses and allure them in any manner.

14.

The statement made about producing the mobile handsets is recorded. He may do so if it is not already handed over. 15.

Anticipatory bail application is disposed of. [S. M. MODAK, J.] 5/5 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 09/08/2024 15:21:52