IN THE COURT OF SESSIONS, AT DINDOSHI BORIVALI DIVISION, GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO.2059 OF 2022 IN C.R.NO.1173 OF 2022
1.GAURAV TARUN KHANDHAR,
Aged : 32 years, Occu : Service,
2.TARUN SHANTILAL KHANDHAR,
Aged : 63 years, Occu : Service,
3.NINA TARUN KHANDHAR,
Aged : 58 years, Occu : Housewife,
Accused No.1 to 3 are resided at :
35/273, Anand Nagar,
P.J.N Road, Police Staion,
Santacruz (East), Mumbai400 055.
4.SHETAL TARAL MEHTA,
Aged : 40 years, Occu : Housewife,
5. TARAL DILIP MEHTA,
Aged : 42 years, Occu : Business,
Accused No.4 & 5 are resided at : A12, 36/37, Sai Chayya,
4th Road, Opp. Regal Enclave Hotel, Khar (West), Mumbai400 052. …Applicants/accused
V e r s u s
The State of Maharashtra (Dindoshi Police Station) …Respondent
Miss Bhavika Patil, Advocate for the Applicants/accused.
Miss Sadhana Patil, Advocate for the intervener.
Miss R.S. Kanojia, A.P.P for the State.
CORAM : A.Z.KHAN, Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai. (C.R.NO.13)
DATE : 30th January, 2023
O R D E R
1.The present application is filed by the applicants/accused for the Anticipatory Bail. Perused the application and say thereon vide Exh.4 etc. Heard the learned Advocate Miss Bhavika Patil for the applicants/accused, the learned advocate Miss Sadhana Patil for intervener & the learned APP Miss R.S. Kanojia for the State. I have gone through the record, the case diary, say of the police and the documents. It is seen that the offence came to be registered against the present applicants/accused alongwith the other accused vide crime No.1173 of 2022 at Dindoshi police station u/s 498A, 406, 323, 504 & 506 r/w 34 of the Indian Penal Code.
2. It is pertinent to note here that the report lodged by the complainant/victim Dt.07.12.2022 alongwith the statements of the witnesses and the documents filed by the parties on record etc shows that the complainant and the present applicant/accused No.1 got married on 19.01.2021 and the complainant went to reside with the present applicant/accused No.1 where the other accused persons were also resided. However, it is contended that the present applicants/accused used to harass mentally as well as physically by one or other pretext by which the complainant lodged the report wherein the police investigated the matter and recorded the statements of the witnesses.
3.Obviously, the offence is relating to matrimonial and there are allegations on the part of the complainant and the counter allegations on the part of the applicants/accused which requires the detail evidence on merit. The complainant has not filed any document to show that she took the said articles to the house of the applicants/accused & they are in possession of the same but the exaggeration of serious allegation can not be ruled out. Nothing has to be seized from the applicants/accused & the applicants/accused No.1 to 3 are the permanent resident of 35/273, Anand Nagar, P.J.N Road, Police Staion, Santacruz (East), Mumbai400 055 & the applicants/accused & the applicants/accused No.4 & 5 are the permanent resident of A12, 36/37, Sai Chayya, 4th Road, Opp. Regal Enclave Hotel, Khar (West), Mumbai400 052 & the Investigating Officer can investigate the matter without the presence of the applicants/accused and no prejudice would be caused to the case of the prosecution. The applicants/accused are ready to abide all the terms & conditions imposed by the Court & thus the purpose of the Investigating Officer would be solved if some reasonable conditions are imposed.
4.In such circumstances, I am of the view that this is the fit case in which the applicants/accused can be released on anticipatory bail u/s 438 of The Cr.P.C & thus I proceed to pass the following order.
O R D E R
The application is hereby allowed.
The applicants/accused 1. GAURAV TARUN KHANDHAR, 2. TARUN SHANTILAL KHANDHAR, 3. NINA TARUN KHANDHAR, 4.SHETAL TARAL MEHTA & 5. TARAL DILIP MEHTA be released in the crime bearing No.1173 of 2022 u/s 498A, 406, 323, 504 & 506 r/w 34 of the Indian Penal Code registered by Dindoshi Police Station on furnishing P.R & S.B of Rs.15,000/ (Rupees Fifteen Thousands Only) each with one surety each in the like amount in the event of the arrest.
The applicants/accused shall not tamper with the prosecution evidence in any manner & shall present before I.O as & when called at P.S.
Digitally signed by AQEEL ZAMIR KHAN Date: 2023.01.30 17:18:41 +0530 (A. Z. Khan) Additional Session Judge,
Borivali Div, Dindoshi, Date :30.01.2023. Mumbai. Dictated on : 30.01.2023. Typed on : 30.01.2023. Signed on
: 30.01.2023. “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 30.01.2023 at 05.50 P.M. (Ashok S. Sugdare) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court room no.) SHRI. A. Z. KHAN (C.R. NO.13) Date of Pronouncement of JUDGMENT/ 30.01.2023 ORDER JUDGMENT/ORDER signed by P.O. on 30.01.2023 JUDGMENT/ORDER uploaded on 30.01.2023