Divya Rahul Pagare v. State Of Maharashtra

1 910-ABA 2539-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2539 OF 2025 Divya Rahul Pagare ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Shubham L. Shekokare, Sachin B. Chandan for the Applicant. Mr. T. G. Khan, APP for the Respondent-State. ASI Mustafa Shaikh, Kalyan Taluka Police Station is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

17TH SEPTEMBER 2025 P.C. :

1.

This is an application for anticipatory bail. 2.

The Applicant is apprehending her arrest in Crime No.136 of 2025, registered with Kalyan Taluka Police Station for the offences punishable under Sections 74, 305, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3.

The first informant is the mother-in-law of the present applicant. It is alleged that on the date of incident, which took place on 12th February, 2025, the present applicant and other co-accused came to the house of the first informant and started quarreling with her due to certain previous matrimonial dispute. It is alleged that during quarrel they

2 910-ABA 2539-25.doc abused her one of the co-accused touched her inappropriately and thereby outraged her modesty. There are allegations of taking away gold ornaments worth Rs.2,07,000/- by the applicant and co-accused belonging to first informant.

4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

5.

The learned counsel for the applicant submits that due to matrimonial dispute false report came to be lodged. It is submitted that the applicant is ready to co-operate in the investigation. 6.

On the other hand, the learned APP for the respondent-State submits that recovery of gold ornaments is to be made and therefore custodial interrogation of the applicant is necessary. It is submitted that considering the nature of offence, the applicant may not be released on anticipatory bail.

7.

I have perused the first information report. There appears to be matrimonial dispute between the parties. In that view of the matter, I am inclined to grant anticipatory bail to the Applicant. Hence, the order:

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.136 of 2025, registered with Kalyan Taluka Police Station for the offences punishable under Sections 74, 305, 352, 351(2) and

3 910-ABA 2539-25.doc 3(5) of the Bhartiya Nyaya Sanhita, 2023, she shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

8.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)