Vasant Gangaram Degloorkar And ANR v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLICATION NO. 1359 OF 2025 Vasant Gangaram Degloorkar and Anr.

...Applicants

Versus

State of Maharashtra and Anr.

...Respondents

__________ Ms. Sangeeta Yadav a/w Mr. Jagdish Chaudary i/b Ray Legal, for the Applicants. Mr. S.M. Mangaonkar, APP for State.

Ms. Shilpa Duthade, API, Samta Nagar Police Station. __________ CORAM :

ADVAIT M. SETHNA, J.

DATE :

14 MAY 2025 (VACATION COURT) P.C.:

1.

This is an application filed by the four applicants-accused persons apprehending their arrest. Learned counsel for the applicants has at the very outset drawn the attention of this Court to the FIR dated 12 March 2025 in CR No.220 of 2025. The alleged offences has occurred as noted in the FIR between 1 December 2019 to 12 March 2025. The alleged offences are under sections 115(2), 3(5), 316(2), 318(2), 318(4), 336(2), 340(2), 351(2), 351(3), 352, 82(1), 85 of the Bharatiya Nyaya Sanhita, 2023.

2.

Ms. Yadav, learned counsel for the applicants would urge that the disputes revolve around matrimonial dispute between the family members of the applicants who are related persons. She would, by referring to the

FIR, point out that there is no material to connect the alleged receipt of Rs.15 Lakhs which is an alleged amount of a dowry with the applicants in any manner whatsoever. She would submit that the applicants are in no way concerned with the alleged amount of dowry and in fact none of the applicants were present during the date and time of the occurrence of such alleged demand and/or receipt of such amounts. She would submit that the applicants have no criminal antecedents. They are law abiding citizens with clean record. She would submit that the applicants would abide by all the terms and conditions of the Court and would urge for ad-interim protection. She would also submit that the applicants are not protected by any orders of any Court till today, and that an Anticipatory Bail Application which was filed before the learned Sessions Court by the applicants was rejected by an order dated 5 May 2025. 3.

On the other hand, learned APP for the respondent-State would strongly oppose the application. He would draw the attention of this Court to the FIR. He would submit that this is a serious case where the dowry amount of Rs.15 Lakhs has been received by the accused no.1 from the complainant-respondent no. 2. He would urge that the accused no.1 would present himself as the CBI Officer, is in fact not the CBI Officer and camouflaged himself, for illegal gains.

4.

With the assistance of the learned counsel for the parties I have gone through the record. In my prima facie opinion it appears from the

FIR that the receipt of the amount of Rs.15 Lakhs is not forthcoming. There are no details in that regard. The learned APP will not controvert such position. Considering the fact that the dispute is between family members and is mainly of a matrimonial nature and also that the anticipatory bail of the applicants has been rejected by the trial court on 5 May 2025, they would deserve some protection. As submitted by Ms. Yadav, the applicants have no criminal antecedents. 5.

Ms. Yadav would submit that the respondent no.2 i.e., the complainant is served. She would tender an affidavit of service in that regard. However, none appears for respondent no.2. The affidavit of service is taken on record.

6.

In the above facts and circumstances I pass the following order :-

O R D E R

(i) Issue notice to respondent no.2.

(iii) In the event of arrest of the applicants during the pendency of this proceedings, they would be released on bail on furnishing PR bond in the sum of Rs.50,000/- each with one or more sureties in the like amount.

(iv) The applicants shall co-operate with the investigation and attend the Samta Nagar Police Station on Monday of every week at 11.30 a.m. untill further orders are passed on this application. (v) The applicant shall furnish details of residential address and

other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same will be immediately informed to the concerned police station. (vi) The applicant shall not leave the jurisdiction of the Court without prior permission of the Court, which shall operate subject to further order of the Court.

7.

By consent of parties list the application for further consideration on 27 June 2025.

[ADVAIT M. SETHNA, J.]