Allowed

Rakesh Kumar Gangwar v. the State of Maharashtra

Bombay HC2 May 2023ABA/179/2023

Case brief

AI extract

What is this about?

The single judge allowed anticipatory bail to the applicant facing arrest in a matrimonial dispute citing sections 406, 498-A, and 506 IPC. The court held no need for custodial interrogation and granted bail on conditions including surrendering to investigating officers.

What did the court decide?

Bail granted on furnishing bond of Rs.25,000 with sureties, along with direction to report to Investigating Officer as required.

Rakesh Kumar Gangwar Vs the State of Maharashtra — Dowry and Cruelty | Bombay HC (2023)

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P.H. Jayani 12 ABA179.2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 179 OF 2023

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Rakesh Kumar Gangwar … Applicant

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v/s.

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The State of Maharashtra

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…. Respondent

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WITH INTERIM APPLICATION NO. 474 OF 2023

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IN

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ANTICIPATORY BAIL APPLICATION NO. 179 OF 2023

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Pinky Rakesh Kumar Gangwar

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…. Intervenor

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In the matter between :-
Rakesh Kumar Gangwar … Applicant
v/s.
The State of Maharashtra …. Respondent

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…. Respondent

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Mr. Rakesh Singh a/w. Ms. Arti for the Applicant.
Ms. A.A. Takalkar, APP for the State.
Ms. Hemangi Kamdar i/b. Mr. Pravin D. Patil for the Intervenor.
Mr. Bhosale, Khar Police Station, present.

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CORAM: SMT. ANUJA PRABHUDESSAI, J.

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DATED : 02nd MAY, 2023.

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P. C. :-

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.This is an Application under section 438 of Cr.P.C. filed by the
aforesaid Applicant apprehending his arrest in C.R.No.1169/2022
registered with Khar Police Station, Mumbai for offences punishable

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under sections 406, 498-A, 506 r/w. 34 of the Indian Penal Code.

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P.H. Jayani 12 ABA179.2023.doc

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2.Heard learned counsel for the Applicant, learned APP for the
State and learned counsel for the Intervenor. I have perused the
records and considered the submissions advanced by the learned
counsel for the respective parties.

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3.The aforesaid crime arises from matrimonial dispute between the
Applicant and the first informant. They were married on 10/05/2018
and they have a child born from the said wedlock. The first informant
has alleged that the Applicant and his family members have demanded
dowry and they have subjected her to physical and mental cruelty. It is
further stated that the Applicant and his family members have
misappropriated her streedhan.

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4.By order dated 19/01/2022, this Court had granted interim bail
to the Applicant with directions to report to the Investigating Officer.
Learned APP states that the Applicant has reported to the Investigating
Officer and that he has been interrogated. Learned APP further states
that investigation is almost complete except for recovery of streedhan.
She states that the first informant has not given any documents relating
to streedhan which is allegedly misappropriated by the Applicant.

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P.H. Jayani 12 ABA179.2023.doc

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5.Considering the above facts and circumstances, this is not a case
for custodial interrogation. Hence, the Application is allowed on the
following terms and conditions :-

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(a)In the event of arrest of the Applicant in
C.R.No.1169/2022 registered with Khar Police Station,
Mumbai, he shall be released on bail on furnishing bail bonds
in the sum of Rs.25,000/- with one or two sureties in the like
amount ;

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(b)The Applicant shall report to the Investigating Officer
as and when required by the Investigating Officer ;

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(c)The Applicant shall keep the Investigating Officer
informed of his current address and mobile contact numbers,
and/or change of residence or mobile details, if any, from time
to time.

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6. The Application stands disposed of. Interim Application stands disposed of in view of disposal of Anticipatory Bail Application.

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PREETI H JAYANI

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Digitally signed by PREETI H JAYANI Date: 2023.05.03 11:05:27 +0530

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 (SMT. ANUJA PRABHUDESSAI, J.)

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Rakesh Kumar Gangwar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Gangwar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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