1
Cri.B.A.No.697/22OrderEx.1.
Order below Exh.1 in Bail Application No. 697/2022
1/
Manoj Rajendra Katare & Ors. ..
Applicants/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Kalwan Police Station, Kalwan.
(Cr. No.I 29/2022)
..
Prosecution
Order below Exh.1.
1.
This
application
has
been
filed
by
the
applicants/accused under section 438 of Cr.P.C. for releasing
them on anticipatory bail in the event of their arrest in the
aforesaid Crime registered at Kalwan Police Station, for the
offence punishable under section 498A, 323, 504, 506 r/w. 34 of
the Indian Penal Code and accordingly, this Court has granted
interim protection to applicants on 06.06.2022.
2.
Heard Learned advocate Shri. S.D.Gaikwad, for the
applicants and Learned APP Smt. Sangale for the State.
Perused the documents appended with the application.
2
3.
Cri.B.A.No.697/22OrderEx.1.
It is the case of the prosecution that the applicants
being husband and inlaws of the informant, have illtreated and
harassed her for unlawful demand.
4.
On perusal of record, it reveals that report came to be
lodged on 12.02.2022. In the report itself, it is mentioned that
informant is residing at her maternal house since the year 2021.
She has filed complaint in Counselling Center at Malegaon but
there was no response from her inlaws, thereby she has
proceeded to lodge report.
Thus, there is vast delay in lodging
the report and same is not explained by the informant.
5.
The ld. Advocate for the Applicants submitted that the
informant is residing separately on her own.
Her husband
applicant No.1 has filed marriage petition for divorce.
the same is produced on record.
Copy of
Considering all these aspects,
prima facie it appears that the dispute between the parties is
purely marital in nature thereby false implication cannot be
ruled out.
Now, IO has filed say but there is no substantial
grounds to resist the application. It appears that the applicants
have cooperated the investigation.
6.
As per the contention of the Ld. Advocate for the
applicants, the applicants have no criminal antecedents. They
are ready to abide any condition on grant of bail.
Therefore,
3
Cri.B.A.No.697/22OrderEx.1.
interim protection granted to applicants
by this Court on
06.06.2022 can be confirmed subject to same conditions. Hence,
the order.
:: O R D E R ::
1]
The application ( Exh. 01) is allowed.
2]
Interim protection granted to applicants stands
confirmed subject to same conditions.
3]
Informed concerned PSO accordingly.
ADITEE
UDAY
KADAM
Vasai
Date : 13.06.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.13
17:17:15 0600
(Aditee U. Kadam)
Additional Sessions Judge2, Nashik.