Allowed

Vaibhav Sharma S/O Suresh Sharma v. the Sr. Police Insspector and Anr.

Bombay HC20 Oct 2023ABA/2938/2023

Case brief

AI extract

What is this about?

In this transit pre-arrest bail application regarding matrimonial offences under Section 498-A IPC, the High Court of Mumbai, relying on the marital discord genesis and pending civil petition, granted bail conditioned on reporting to police by 30th October, 2023, and executing a bond of Rs. 30,000.

What did the court decide?

Released on bail upon execution of a PR Bond of Rs. 30,000 with one or two sureties in the like amount.

Vaibhav Sharma S/O Suresh Sharma Vs the Sr. Police… — Dowry and Cruelty | Bombay HC (2023)

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910-ABA-2938-23.DOC

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+Sayali Upasani

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 2938 OF 2023

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Vaibhav Sharma ...Applicant Vs. The State of Maharashtra and Others ...Respondents

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Mr. Mateen Shaikh with Ms. Jessy Payne, Ms. Muskan Shaikh, for Applicant.

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Mrs. A. A. Takalkar, APP for State.

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CORAM:- N. J. JAMADAR, J.

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DATED:- 20^th OCTOBER, 2023

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PC:-

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Heard the learned counsel for the applicant and the learned APP for the State.

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This application is for transit pre-arrest bail in connection with C.R. No. 839 of 2023, registered with Maharajpura police station, Gwalior, for the offences punishable under Section 498-A of Indian Penal Code, 1860 (“the Penal Code”) and Sections 3 and 4 of Dowry Prohibition Act, 1961.

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The applicant apprehends arrest by the Maharajpura police in connection with FIR registered by the applicant’s wife.

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910-ABA-2938-23.DOC

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The parents of the applicant have been served with a notice under Section 41(1) of the Code of Criminal Procedure, 1973.

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The learned Counsel for the applicant submitted that the applicant is ready to co-operate with the investigation and appear before the concerned police station. In fact, the applicant has filed a Marriage Petition in the Court of learned Civil Judge, Senior Division, Belapur on 24th July, 2023. The proceedings arise out of matrimonial dispute.

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I have perused the allegations in the FIR. Prima facie, it appears that the genesis of the alleged offences is in marital discord between the parties. A marriage Petition seems to have been already instituted. In view of the above, I am inclined to protect liberty of the applicant for a limited period so as to facilitate the applicant to approach the jurisdictional Court.

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Hence, the following order:-

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ORDER

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I) The applicant shall report at Maharajpura Police Station, Gwalior on or before 30^th October, 2023.

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II) In the meanwhile, in the event of arrest of the applicant in connection with C.R. No. 839 of 2023, registered with Maharajpura police station, Gwalior, for the

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910-ABA-2938-23.DOC

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offences punishable under Section 498-A of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961, the applicant be released on bail on executing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

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III) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant and any of the persons acquainted with the facts of the case.

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IV) This order shall remain in operation till 3^rd November, 2023.

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V) The application stands disposed.

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[N. J. JAMADAR, J.]

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Vaibhav Sharma S/O Suresh Sharma v. the Sr. Police Insspector and Anr.

Case brief

What is this about?

What did the court decide?

Vaibhav Sharma S/O Suresh Sharma v. the Sr. Police Insspector and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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