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Bombay High CourtABA/225/2025allowed

Aayush Bharat Shah v. State Of Maharashtra And ANR

2025-01-24Hon'Ble Shri Justice Milind N. Jadhav2 pages

920.ABA.225.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.225 OF 2025 Aayush Bharat Shah .. Applicant

Versus

State of Maharashtra and Anr.

.. Respondents ....................

 Mr. Ajay Bhise a/w. Mr. Tejas Dhotre, Advocates for Applicant.  Mr. Hitendra J. Dedhia, APP for Respondent - State of Maharashtra.

 Ms. Pallavi Jadhav, PSI, RAK Marg Police Station. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 24, 2025 P.C.

:

1.

Mentioned the matter out of turn at the time of rising. 2.

Heard Mr. Bhise, learned Advocate for Applicant and Mr. Dedhia, learned APP for Respondent - State of Maharashtra. 3.

This is an Application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Anticipatory Bail in connection with complaint registered with R.A.K. Marg Police Station. 4.

Applicant before me is having apprehension that he might be arrested since he has been called for investigation. Admittedly no First Information Report has been filed as yet. Complaint has been lodged by Complainant with whom Applicant was engaged in the year 2021 after courtship for almost two years. Parties planned on getting married and had booked resort for marriage for which Applicant had

920.ABA.225.2025.doc also paid substantial amount but according to Applicant due to certain reasons Applicant broke the marriage.

5.

Mr. Bhise would inform the Court that present Complaint is nothing but a counterblast to the Applicant breaking off the marriage and therefore seeks intervention and indulgence of the Court. Considering that only Complaint has been filed as yet and Applicant has been called for investigation there is no reason for Applicant to be worried about been arrested. Applicant is directed to attend the Investigating Officer for Investigation as and when called for. If at all prosecution desires to convert the Complaint into First Information Report they will accordingly inform the Applicant and not arrest the Applicant for a period of one week in order to enable the Applicant to move the appropriate Court.

6.

With the above directions, Anticipatory Bail Application is disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.01.24 19:19:52 +0530 HARSHADA HANUMANT SAWANT