Order Below Exh. 1 in Cri. B. Appln.No. 457/2022 (CNR No. MHNS010016762022)

Vinod Ankush Irshetti & 4 others Vs. State

Heard:
Ld.Adv. Mr. Z. Z. Inamdar for the applicants.

Ld. A.P.P. Ms. S. S. Sangle for the State.

1] Apprehending arrest by Women Police Station, Porbandar, Gujarat for offence U/s. 498A, 323, 504, 506(2) r/w. Sec. 34 of the I.P.C. and Sec. 3 & 5 of the Dowry Prohibition Act, 1961 in Crime No.11218001220006/2022, applicants have approached this court for granting Transit Bail. It is the case of prosecution in brief that the applicants (husband and in­laws of the victim) have inflicted physical and mental cruelty on her.

2] It is submitted that the applicants intend to approach court of Sessions at Porbandar or the court in whose jurisdiction the police station falls where crime is registered. Therefore, transit bail is sought. Two months’ time has been sought to enable the applicants to approach concerned court at Gujrat.

3] Ld. A.P.P. submits that necessary orders be passed.

4] Heard. Perused the F.I.R. annexed herewith. Complaint is registered on 01/04/2022 at Porbandar police station, Dist. Porbandar, Gujrat for the above offences. This being transit bail, this court restrains from entering into merits and contents of the FIR. Applicants No. 1, 2 and 5 herein are residents of Nashik and within the jurisdiction of this court. In order to enable them to exercise their right of seeking anticipatory bail, if they are entitled to, it would be appropriate to grant them transit bail.

5] Offence is primarily under Sec. 498­A of the I.P.C. Therefore, in view of the guidelines laid down by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, I am inclined to allow the application subject to the following terms and conditions.

O R D E R
[i] Transit anticipatory bail application is hereby partly allowed.

[ii] In the event of arrest of the applicants No. 1, 2 and 5 (Vinod Ankush Irshetti, Shantibai Ankush Irshetti & Manoj Ishwar Chaudhari) by Women Police Station, Porbandar, Gujarat in Crime No. 11218001220006/ 2022, for offence U/s. 498A, 323, 504, 506(2) r/w. Sec. 34 of the I.P.C. they be released on their executing P.R. and S.B. of Rs.15,000/­ with one or two sureties of like amount, each.

[iii] Tenure of the transit bail is only up to 19/04/2022.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.07 12:01:58 +0530 Nashik Mridula Bhatia 05/04/2022 District Judge­2 and Additional Sessions Judge, Nashik.