The High Court granted anticipatory bail to three applicants facing allegations of sexual harassment and cruelty under Sections 354A and 498A IPC in a marital dispute.
Anticipatory bail applications allowed on conditions of furnishing bail bonds with sureties and reporting to the Investigating Officer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
P.H. Jayani 920 ABA432.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 432 OF 2022
Mohit Mangesh Mhatre…. Applicant
v/s.
The State of Maharashtra…. Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO. 437 OF 2022
Mithil Mangesh Mhatre…. Applicant
v/s.
The State of Maharashtra…. Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO. 434 OF 2022
Shubhangi Mangesh Mhatre…. Applicant
v/s.
The State of Maharashtra…. Respondent
Ms. Tamanna I. Shaikh for the Applicants.
Ms. S.S. Kaushik, APP for the State.
Ms. Vaishali Tangde, PSI, Dadar Police Station.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 04th APRIL, 2022.
P. C. :-
.These are the Applications under section 438 of Cr.P.C. filed by
the aforesaid Applicants apprehending their arrest in C.R.No.21/2022
registered at Dadar Police Station for offences punishable under
sections 354A, 498A r/w. 34 of the Indian Penal Code.
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P.H. Jayani 920 ABA432.2022.doc
2.Heard Ms. Tamanna Shaikh, learned counsel for the Applicants
and Ms. S.S. Kaushik, learned APP for the State. I have perused the
records and considered the submissions advanced by the learned
counsel for the respective parties.
3.The aforesaid crime was registered pursuant to the First
Information Report (FIR) lodged by Arti Mhatre, the wife of the
Applicant – Mohit Mhatre. The material on record indicates that the
complainant and the Applicant – Mohit Mhatre were married in the
year 2018. Since the marriage, the complainant started residing in her
matrimonial home along with the Applicant and his family members.
She has stated that about 07 to 08 months after the marriage, her
husband would remain busy chatting with other girls and would not
give her sufficient time. She had also seen him taking his nude
photographs and forwarding it to other girls. The complainant has
stated that when she complaint about her husband, the Applicant –
Shubhangi, mother-in-law of the complainant would tell her to ignore
the messages and subjected her to cruelty. She had also made
allegations against Applicant – Mithil Mhatre, the brother of the
Applicant No.1 that he had forwarded some objectionable messages to
her.
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P.H. Jayani 920 ABA432.2022.doc
4.A perusal of the FIR indicates that the allegations are general in
nature and are remote in time. Considering the nature of the
accusations, this Court (Coram : Bharati Dangre, J.) by order dated
01/03/2022 had granted interim bail to the Applicants with directions
to report to the Investigating Officer for interrogation. Learned counsel
for the Applicants state that the Applicants have reported to the
Investigating Officer and that they have been duly interrogated.
5.Considering the nature of accusations and material in support
thereof, in my considered view, the Applicants are entitled for pre-
arrest bail. Hence, the Anticipatory Bail Applications are allowed on
following terms and conditions :-
(a)In the event of arrest of the Applicants in
C.R.No.21/2022 registered at Dadar Police Station, they shall
be released on bail on furnishing bail bonds in the sum of
Rs.30,000/- each with one or two sureties in the like amount ;
(b)The Applicants shall report to the Investigating Officer
as and when directed by the Investigating Agency ;
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P.H. Jayani 920 ABA432.2022.doc
(c)The Applicants shall keep the Investigating Officer
informed of their current address and mobile contact numbers,
and/or change of residence or mobile details, if any, from time
to time.
6. The Applications stand disposed of.
PREETI H JAYANI
Digitally signed by PREETI H JAYANI Date: 2022.04.07 18:05:38 +0530
(SMT. ANUJA PRABHUDESSAI, J.)
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2 issues framed by the court
Whether anticipatory bail should be granted to applicants apprehending arrest in offences under Sections 354A and 498A IPC.
Whether the nature of accusations and material in support thereof justify pre-arrest bail.
2 provisions across 2 enactments
Mohit Mangesh Mhatre
Mithil Mangesh Mhatre
Shubhangi Mangesh Mhatre
The State of Maharashtra
Anuja PrabhuDessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court