CNR MHNS010035792020
Order below Exh.1 in Cri. Bail Application No.1263/2020.
{ Dharmesh Suresh Pandya + 4 Vs. State }
This is an application under section 438 of the Criminal
Procedure Code for grant of anticipatory bail.
2.

It appears that informant Komal Dharmesh Pandya is legally
wedded wife of applicant/accused No.1. Applicant Nos.2 and 3 are the
parents of accused No.1 and applicant No.4 is brother of applicant No.1,
whereas applicant No.5 is wife of applicant No.4.

The marriage of
informant and applicant/accused No.1 took place on 18.02.2011 as per
the customs and the said marriage is still in force. It further appears
that as there was matrimonial dispute between the informant and
accused, the informant left her matrimonial house in May 2014. The
offence is registered on 22.06.2020. The documents further shows that
before registration of FIR, applicant/accused No.1 sent a notice to
informant for restitution of conjugal rights. The said notice is replied by
the informant on 23.06.2020 in which she has made various allegations
against the applicants.

However, before sending this reply, on
22.06.2020 she filed a report with Panchavati police station, Nashik
upon which present crime came to be registered. After sending this
notice also, the informant filed petition for restitution of conjugal rights
in Family Court, Nashikroad.
3.

The applicants contend that they have not committed any
offence as alleged by the prosecution. They are ready to co­operate in
further investigation.

They are not having any criminal antecedent.

Their custodial interrogation is not necessary.

They are having
permanent place of abode and roots in the society, therefore, possibility
of fleeing from justice does not arise. On these lines, they have prayed
for prearrest bail.

..2..

4.

This Court has granted interim prearrest bail and issued
show cause notice to the respondent State calling upon it as to why
interim prearrest bail should not be made absolute.
5.

In response to the show cause notice the respondent
appeared and filed its reply. The respondent State inter alia denied all
the adverse allegations made by the applicants and reiterated the
prosecution case. However, the learned APP fairly submitted that the
accused are attending the police station and co­operating in further
investigation.
6.

Heard the learned advocate for the applicants and the
learned APP Smt. Patil.

The accused are not having any criminal
antecedent. They are ready to co­operate in further investigation. It is
seen that since May 2014, the informant is residing separately from the
applicants­accused.

Till 22.06.2020, she did not file any complaint
against the applicants. When the applicant/accused No.1 sent notice on
10.06.2020 to her for restitution of conjugal rights, she filed this report
and also filed a proceeding for restitution of conjugal rights. The facts
and circumstances makes it clear that custodial interrogation of
applicants is unwarranted.

Therefore, applicants have made out the
case for prearrest bail. With this, I proceed to pass the following order.
ORDER
1
Application is hereby allowed.

2
Ad interim prearrest bail dated 22.09.2020 is hereby made
absolute on the same terms and conditions.

3
Inform the concerned police station accordingly.
Digitally signed by
Seema
Seema Chandrakant
Chandrakant Jadhav
Date: 2020.10.01
Jadhav
13:49:06 +0530
( Smt. S.C. Jadhav )
01st October, 2020.
Additional Sessions Judge­8,
Nashik.