Pratik Kishor Mhatre v. State Of Maharashtra And ANR

2025:BHC-AS:15073 Diksha Rane 26 ABA 722-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 722/2025 PRATIK KISHOR MHATRE ..APPLICANT VS STATE OF MAHARASHTRA AND ANR ..RESPONDENTS ------------ Adv. D. S. Mhaispurkar h/f. Adv. Hrishikesh Pawaskar for applicant. Ms. Pallavi N. Dabholkar, APP for State.

PSI S. H. Bhundeve, Alibaug Police Station, Raigad. ------------ CORAM : RAJESH S. PATIL, J.

DATE : APRIL 1, 2025.

P.C. :

1.

On 17/3/2025, the following order was passed in this matter. 1.

This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for seeking pre-arrest bail in connection with the First Information Report (FIR) No. 254/2024 registered with the Alibag Police Station, for the offence punishable under Sections 49, 69, 89, 115(2), 352, 351(2), 351(3), 318(4) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023.

2.

The case of the prosecution is that the applicant/accused took obscene photographs of the victim and, against her will, administered pills to the victim, leading to the termination of her pregnancy. As a result, the FIR has been lodged.

3.

The learned counsel for the applicant submits that earlier marriage was fixed between the applicant and the informant. The engagement was performed, pre-wedding shopping was done and even marriage cards were printed. However, due to trivial issue the informant physically assaulted the applicant. Therefore, the marriage was called off by both the families. After that date the present FIR has been lodged. He submits that the

Diksha Rane 26 ABA 722-2025.doc applicant is ready to surrender his mobile instrument with the IO. The applicant is ready to cooperate with the police. The custody of the present applicant is not necessary.

4.

The learned APP submits that the mobile instrument of the applicant should be surrendered. The IO is not present and she needs to take instructions from the IO as to the stage of the investigation. 5.

The applicant is directed to attend the concerned police station and met the IO for the purpose of handing over the mobile instrument on 24/3/2025 and 25/3/2025 between 11.00 a.m. to 1.00 p.m. and thereafter, as and when called for.

6.

Stand over to 1/4/2025 under the caption "for urgent circulation". 7.

In the meanwhile, no coercive steps be taken against the applicant. 2.

The learned APP submits that as per the directions of this Court, the applicant has attended the office of the IO on 24/3/2025 and 25/3/2025 and has cooperated with the police. Therefore, at this stage, the custody of the applicant is not necessary. 3.

In view of the statement made by the learned APP and taking into consideration the documents on record and after going through the FIR, I am convinced that the custody of the applicant is not necessary. Hence, the following order.

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with FIR No.254/2024 registered with the Alibag Police Station, the applicant shall be released on bail, on furnishing P.R. bond to the extent of Rs.30,000/-

Diksha Rane 26 ABA 722-2025.doc with one or two sureties of the like amount.

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence. (d) The applicant shall furnish details of his residential address, contact number and email address to the Investigating Officer. (e) The applicant shall attend the concerned police station and meet the IO on 9/4/2025 between 11.00 a.m. to 1.00 p.m. and thereafter, as and when called for.

4.

The anticipatory bail application is disposed of. (RAJESH S. PATIL, J.)