The applicant sought anticipatory bail for an offence under Section 380 IPC, alleging theft of cash. The Court found prima facie evidence against the applicant, noting she admitted guilt via an affidavit and failed to repay. Consequently, the application for pre-arrest bail was rejected.
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Digitally signed by CHITRA CHITRA SANJAY SANJAY SONAWANE SONAWANE Date: 2024.10.17 20:03:12 +0530
Chitra Sonawane.
17.aba1400-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Anticipatory Bail Application No.1400 of 2024
Archana Suryakant Bhowad Age 34 years, Indian Inhabitant, Occupation: Service, Residing at 42A, Chimbai Koliwada, Chimbai Road, Bandra West, Mumbai - 400 050
… Applicant
v/s.
Ms Racheeta Dhuru, a/w. Sautrik Kar, for the Applicant. Mr Yogesh Y Dabke, APP, for Respondent State. Mr Brijesh Shukla, for Respondent No.2.
Coram : R.N. Laddha, J. Date: 14 October 2024.
P.C. :
By this application, the applicant seeks pre-arrest bail in connection with CR No.399 of 2024, registered at Khar Police Station, Mumbai, for offences punishable under Section 380 of the Indian Penal Code.
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14 October 2024
Chitra Sonawane.
17.aba1400-24.doc
handkerchief, inside her cupboard. It is alleged that between 7 January 2024 and 26 January 2024, the applicant, who is the informant’s neighbour and had access to her house key, entered the house without her knowledge and stole the cash from the cupboard. Upon discovering the theft, the informant confronted the applicant, who admitted to the theft and signed a document on 28 January 2024, promising to return the stolen money. However, the applicant failed to repay the amount, leading to the filing of the present FIR.
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14 October 2024
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Chitra Sonawane.
the informant, jointly submit that the parties involved are neighbours. They argue that the offence is serious, as the applicant, who was entrusted with the keys to the informant’s house for emergencies, entered the house in the informant’s absence and stole cash from the cupboard. The learned APP further submits that the investigation is at a nascent stage and expresses concern that granting pre-arrest bail to the applicant could lead to tampering with evidence or influencing witnesses.
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Chitra Sonawane.
this alleged coercion to the police till 26 March 2024 without providing a reason for the delay. The applicant’s conduct and the material on record, prima facie, suggest that she planned the theft and used the affidavit as a tactic to delay the FIR. Additionally, the investigation is at a nascent stage. In these circumstances, this Court is not inclined to exercise its discretion in favour of the applicant. As a result, the application stands rejected.
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14 October 2024
1 issue framed by the court
Whether the applicant is entitled to pre-arrest bail in connection with an FIR for theft under Section 380 IPC?
1 provisions across 1 enactments
Archana Suryakant Bhowad
State of Maharashtra (Khar Police Station)
Aarti R. Sawant
R.N. Laddha
As recorded by the court registry
7 orders share this CNR
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