Vanmala Baban Wakse v. State Of Maharashtra

2025:BHC-AS:9616

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.498 OF 2025 VANMALA BABAN WAKSE ...APPLICANT VS STATE OF MAHARASHTRA ...RESPONDENT ...

Adv. Vikas Kotekar a/w M. s. Ahmad, Sneha Satve, Monika Dushmikar and Kunal Shirgire for the Applicant.

Adv. supriay Kak, APP for the State.

API Vitthal Ware, Govandi Police Station.

...

CORAM

: RAJESH S. PATIL, J.

DATED : FEBRUARY 27, 2025 P.C.:

1.

This is an application filed by the applicant under Section 482 of Bharatiya Nagarik Shuraksha Sanhita, 2023 for pre-arrest bail in C.R. No. 34/2025 registered with Govandi Police Station for the offences punishable under Sections 305, 329(4), 331(4), 324(4) of Bharatiya Nyaya Sanhita, 2023.

2.

It is the case of the prosecution that the present application filed by a lady, who has been arraigned as accused in the FIR. The informant is also a lady and she alleged that on 19 December, 2024, the present applicant demolished the common wall between the house of the informant and the accused and robbed a sum of Rs.2,997/- from the house of the informant and also took away the documents of the

informant and their family members. So also, there is an allegation that a gas cylinder was also taken away. Pursuant to which, an FIR was lodge.

3.

Learned counsel for the applicant submits that the allegations as made in the FIR had never occurred. There are disputes between both the parties, because of which, the present FIR has been lodged on the false grounds.

4.

Learned APP submits on instructions that though there are at least 9 antecedents reported against the present applicant, in the present proceeding, the custody of the applicant would not be necessary. But the applicant should co-operate with the Investigating Officer and attend the police station as an when calls her for recording her statement.

5.

After hearing both the parties and considering the fact that the applicant is a lady and the learned APP is not strongly objecting to the custodian interrogation being required by the Investigating Officer. At this stage, suffice would be the purpose if the present anticipatory bail application is allowed. Hence, I pass the following order. O r d e r (i) Anticipatory Bail Application is allowed.

(ii) The applicant be released on bail in C.R. No. 34/2025

registered with Govandi Police Station, Mumbai on furnishing a PR bond of the sum of Rs. 30,000/- (thirty thousand only) and one or two sureties in the like amount to the satisfaction of the jurisdictional Court. (iii) The applicant shall attend the concern Police Station on 6 March 2025 and 7 March 2025 between 11.00 am to 2.00 pm and as an when called for.

(iv) The applicant shall not tamper with the prosecution evidence. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing the facts to Court or any police officer. (v) The Applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change. 6.

Anticipatory Bail Application is accordingly disposed of as allowed.

(RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 28/02/2025 18:28:40