1
Cri.B.A.No.1027/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 1027/2022
Swapnil Nandu Jadhav & Others 8
.. Applicants/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
Gangapur Police Station, Nashik.

..

Prosecution
Perused the application. Heard Ld. Advocate Mr.

P. R.

Shejwal for the applicants. There is no F.I.R. But the applicants were
called at Police Station by issuing notice to applicant No.1 for inquiry on
the complaint of informant. As such there is reasonable apprehension of
arrest to the applicants.
2]
Admittedly report is not yet lodged.

There are specific
averments in the application that API of Mahila Suraksha Division,
Nashik City has issued notice to applicant No.1 and asked him to remain
present for inquiry. Learned Advocate for the applicants pointed out that
the marriage between applicant No.1 and the informant was solemnized
on 27.11.2020. But then, she eloped with her lover after her marriage on
31.12.2020.

Applicants have produced documents i.e. missing report
lodged by the father of informant, her statement dated 16.01.2021,
litigation in DV proceeding, order passed by the ld. Court reflecting
maintenance to the informant, copies of statements recorded by police of
the father of informant and Gajendra Bodke with whom informant
eloped. Applicants have also produced copy of notice issued by the police
against them for inquiry in complaint application, filed by the informant
dated 31.07.2021.

It is averred in the application that oral directions
are given by the ACP, Nashik to lodge report against them.
3]
Thus, considering the
notice issued by the Police to the
applicant No.1 and oral directions with background facts of the dispute
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Cri.B.A.No.1027/22­Order­Ex.1.

between the parties, it appears that there is reasonable apprehension to
the applicants of arrest in cognizable offences. Applicants do not have
criminal antecedents.

Hence, considering nature of accusation and
investigation thereof following order is passed.
ORDER
1]
Application is partly allowed.

2]
Concern I.O. is directed to issue notice to the applicants prior
to 72 hours of arrest in case of lodging of F.I.R.
3]
Application is disposed of accordingly.
ADITEE
UDAY
KADAM
Nashik.
Date : 20.08.2022
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.20
17:58:19 0600
( Smt. Aditee U.Kadam )
Additional Sessions Judge, Nashik.