Vishwas Sudam Kene v. State Of Maharashtra

1 912-ABA 2736-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2736 OF 2025 Vishwas Sudam Kene ... Applicant V/s.

State of Maharashtra ... Respondent ----- Mr. Kabul Singh Labana for the Applicant.

Mr. V. N. Sagare, APP for the Respondent-State. ASI M. R. Shaikh, Kalyan Taluka Police Station is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

10TH OCTOBER 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.10.27 15:07:44 +0530 MUGDHA MANOJ PARANJAPE 1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his 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 Bharatiya Nyaya Sanhita, 2023.

3.

The case of the prosecution is that on the date of incident, which took place on 12th February, 2025, the present Applicant and other coaccused came to the house of the first informant and started quarreling with her on account of a previous matrimonial dispute. It is alleged that during the said quarrel, they abused her and one of the co-accused touched her inappropriately, thereby outraging her modesty. It is further alleged that the Applicant and other co-accused committed theft of ornaments worth Rs.2,07,000/- belonging to the first informant.

2 912-ABA 2736-25.doc 4.

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

5.

Learned Counsel for the Applicant has drawn my attention to the order passed by this Court dated 17th September 2025 in Anticipatory Bail Application No.2539 of 2025. It is submitted that the other co-accused, against whom, allegations of outraging modesty of the first informant are levelled, have been released on anticipatory bail. It is further submitted that the Applicant is ready and willing to cooperate in the investigation. 6.

On the other hand, Learned APP for the Respondent-State submits that the recovery of gold ornaments is to be made from the present Applicant and therefore his custodial interrogation is necessary. It is further submitted that the Applicant is involved in one more crime. 7.

I have perused the FIR. There appears to be matrimonial dispute between the first informant and co-accused, namely, Divya Pagare in the present crime. The statement made by Learned Counsel for the Applicant that the other co-accused have been granted anticipatory bail is not disputed. 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

3 912-ABA 2736-25.doc offences punishable under Sections 74, 305, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, he 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.

iii. The Applicant shall attend the concerned Police Station as and when called by the investigating officer and shall cooperate in the investigation.

8.

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

(N.R. BORKAR, J.)