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Cri.B.A.No.1315/22OrderEx.1.
Order below Exh.1 in Bail Application No. 1315/2022
Rushik Bhadreshbhai Dave
..
Applicant/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Deolali Camp Police Station, Nashik.
(Cr. No.I 11/2020)
..
Prosecution
Order below Exh.1.
1.
This
application
has
been
filed
by
the
applicant/accused under section 438 of Cr.P.C. for releasing him
on anticipatory bail in the event of his arrest in the aforesaid
Crime registered at Deolali Camp Police Station, for the offence
punishable under section 498A, 406, 323, 504, 506 r/w. 34 of the
Indian Penal Code and prayed for interim protection.
2.
It is the case of the prosecution that the applicant
being husband of the informant, have illtreated and harassed
her.
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3.
Cri.B.A.No.1315/22OrderEx.1.
On perusal of record, it reveal that the Reg.Cr.Case
No.503/2020 is filed before the Court. Chargesheet is also filed.
Meanwhile, informant divorced the applicant. Applicant is a
citizen of Newzeland.
Many marital litigations are going on
between the parties. It is the contention of learned advocate for
applicant that now, informant is insisting to issue warrant
against the applicant and therefore, there is apprehension of
arrest. On these amongst ground interim bail was granted to the
applicant. Now say is field with formal objections. Ld. Advocate
for the original complainant submitted that the directions to the
applicant to give appearance before Trial Court and to cop up
with the proceeding would suffice the purpose.
4.
Learned Advocate for the applicant submitted that the
applicant has no criminal antecedents. He is a reputed person in
the Society. Further it is submitted that applicant is represented
by him as an Advocate and never asked for any adjournment.
Being Advocate it is submitted that the applicant is ready to face
the enquiry/trial. Thus there is no any ground put forth to show
that the custody of applicant is required. Considering all these
aspects, this Court is of the view that interim relief can be
granted to the applicant. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
In the event of arrest of the applicant – Rushik
Bhadreshbhai Dave in Crime No.I11/2020 of
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Cri.B.A.No.1315/22OrderEx.1.
Deolali Camp Police Station for the offences
punishable under sections 498A, 406, 323, 504
and 506 r/w. 34 of IPC, he be released on ad
interim anticipatory bail in sum of Rs.15,000/
(Rupees Fifteen Thousand only) with a surety in
the like amount subject to conditions that :
a] That the applicant shall make himself available
for enquiry/trial and coordinate for the same.
b] The applicant shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with facts of accusation, so as
to dissuade them from disclosing such facts to
the Court or to any Police Officer.
ADITEE
UDAY
KADAM
Nashik
Date : 07.11.2022.
Digitally
signed by
ADITEE UDAY
KADAM
Date:
2022.11.09
11:05:38 -0600
(Aditee U. Kadam)
Additional Sessions Judge,
Nashik.