Sachin Giriwar Dubey v. The State Of Maharashtra
Diksha Rane 905. ABA 559-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 559/2025 SACHIN GIRIWAR DUBEY ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Ms. Pravada Raut for applicant.
Mr. Nitin B. Patil, APP for State.
PSI Kishor P. Desai, Dindoshi Police Station. ------------ CORAM : RAJESH S. PATIL, J.
DATE : MARCH 5, 2025.
P.C. :
1.
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with the First Information Report (FIR) No.964/2024 registered with the Dindoshi Police Station, for the offence punishable under Sections 69, 115(2), 351(2), 352 of the Bhartiya Nyaya Sanhita, 2023. 2.
On the basis of the complaint, an FIR has been lodged. The allegations have been made against the present applicant. The informant, according to the complaint, has a son around sixteen years of age, and she has filed complaint on the basis that there was
Diksha Rane 905. ABA 559-25.doc promise to marry with the applicant which he has not fulfilled. Therefore, the offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023 has been invoked apart from other sections. 3.
The learned counsel for the applicant submitted that the applicant is aged 31 years and the informant is around 34 years of age. She submits that the informant has twice got married and got divorce from those marriages. The family members of the present applicant have lodged the complaint with the Kashimira Police Station on 7/12/2024. The photocopy of the same is enclosed at page 44 to 46 of the present anticipatory bail application. However, the police have not taken any action for serious offences committed by the persons who are known to the informant. The present applicant has in fact tried to commit suicide due to the constant pressure and fear of the informant. She submits that the applicant and the informant are both adult and as per allegations, there is physical relationship between them for around four years.
She submits that there was no promise to marry, however, the informant started forcing the applicant to marry. There was issue about both following different religion. There were also according to her forcible conversion of religion attempted.
Diksha Rane 905. ABA 559-25.doc antecedents reported against the applicant. The learned counsel further submitted that the applicant is ready to attend the concerned police station and will co-operate with police. Even if required to hand over his mobile phone along with password and also he is ready to carry out his medical tests.
4.
The learned APP appearing for the State submits that the complaint lodged by the relatives of the applicant is with the Kashimira Police Station and the present FIR is filed with the Dindoshi Police Station. Therefore, the Senior Police Inspector, Kashimira Police Station and the victim need to be added as party respondents in the present application.
5.
After hearing both the parties, according to me, suffice would be the purpose if liberty is granted to the applicant to add the Senior Police Inspector of the Kashimira Police Station, M.I.D.C., Mira Road, Thane and the victim as party respondents. Liberty as prayed for granted. Amendment to be carried out forthwith. The learned APP would also serve the copy of the amended anticipatory bail application on the newly added respondents.
6.
In the meantime, the applicant to attend the concerned police station i.e. Dindoshi Police Station, on 7/3/2025, 10/3/2025 and
Diksha Rane 905. ABA 559-25.doc 11/3/2025 between 10.00 a.m. to 1.00 p.m.
7.
The applicant shall hand over his mobile hand-set and also the passwords of the said mobile phone and the password of the Applications therein to the IO.
8.
The applicant shall co-operate with the police to carry out his medical test in the Government Hospital. The applicant shall furnish details of his residential address, contact number and email address to the IO.
9.
Stand over to 19/3/2025 under the caption "for urgent circulation".
10.
In the meanwhile, no coercive steps be taken against the applicant till then.
(RAJESH S. PATIL, J.)