Vijay Bahadur @ Pandit Shyamlal ... vs The State Of Maharashtra
2022 Latest Caselaw 13496 Bom

                                                                  908. aba 3568-22.doc

            Diksha Rane
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       Digitally
       signed by              CRIMINAL APPELLATE JURISDICTION
       DIKSHA
DIKSHA DINESH
DINESH RANE           ANTICIPATORY BAIL APPLICATION NO.3568/2022
RANE   Date:
       2022.12.22
       19:03:30     VIJAY BAHADUR @ PANDIT
                    SHYAMLAL TIWARI                             ..APPLICANT
       +0530



                          VS.
                    THE STATE OF MAHARASHTRA                    ..RESPONDENT
                                             ------------
                    Mr. Ashish Dubey for the applicant.
                    Mr. S. H. Yadav, APP for State.
                    Mr. Sushil Jadhav, PSI, Dharavi Police Station.
                                             ------------
                                          CORAM : M. S. KARNIK, J.

                                          DATE     : DECEMBER 22, 2022.
                    P.C. :

                    1.    This is an application for pre-arrest bail in respect of

                    the C.R.No.410/2020 registered with the Dharavi Police

                    Station for the offence punishable under Sections 142, 143,

                    144, 146, 147, 149, 323, 326, 354, 323, 544, 506, 509 of

                    the Indian Penal Code.

                    2.    I have heard learned counsel for the applicant and

                    learned APP for the State.

                    3.    Learned APP submits that the Investigating Officer is

                    not present.

                    4.    My attention is invited to the order dated April 28,


                                                                                   1/4
                                                      908. aba 3568-22.doc

2022 which is at page 23 of the paper-book releasing the

co-accused-Kaljit Hariprasad Barun who is the brother-in-

law of the complainant. The accused-Kaljit has been granted

pre-arrest bail by this Court. The relevant portion of the

order dated April 28, 2022 reads thus:-

      "3. The aforesaid crime was registered pursuant to
      the FIR lodged by Smt. Tahasin Barun, sister-in-law
      of the present Applicant. A perusal of the FIR reveals
      that    there    is    matrimonial   dispute     between the
      Complainant and her husband resulting in filing of
      divorce petition. The Complainant was married to
      Amarjeet, brother of the Applicant on 06/05/2010.
      The marriage of the Complainant and her husband
      was dissolved vide judgment dated 04/08/2017 and
      since    then     they    are    residing    separately.      The
      Complainant has stated that their daughter-Saiba is
      residing        with     her     husband-Amarjeet.            The
      Complainant has stated that on 09/03/2020 at about
      5.30 p.m. she had gone to the office of Amarjeet to
      meet     her    daughter.      She   has    alleged   that    the
      Applicant and all other family members of Amarjeet
      were present in his office, they abused her and
      assaulted her by means of iron rod and kicks and
      blows. She therefore lodged a complaint against her
      husband and his family members, pursuant to which


                                                                      2/4
                                                  908. aba 3568-22.doc

      aforesaid crime has been registered.

      4. The records reveal that the first informant was
      treated   at   L.T.M.G.    Hospital,   Sion,   Mumbai      on
      09/03/2020 wherein she had given history of assault
      by one person. She was subsequently admitted in
      Atharva Hospital and Research Center. Her medical
      report indicates that she had a fracture of right
      melleolus. She was discharged from the hospital on
      14/03/2020.      The      FIR   has    been    lodged      on
      03/10/2020 i.e. after a period of 7 months from the
      date of the incident wherein she has implicated six
      persons. Considering this discrepancy and the delay
      in lodging the FIR, in my considered view this would
      be a fit case for grant of pre-arrest bail."

5.   The applicant is not related to the complainant. It is

not alleged that he is the one who had iron rod with him.

Further there is a delay in registering the First Information

Report as noted by this Court while granting bail to co-

accused-Kaljit Barun. The incident was outcome of the

matrimonial dispute. Hence the following order.

                                ORDER

(A) The application is allowed.

(B) In the event of arrest of the applicant-Vijay Bahadur @ Pandit Shyamlal Tiwari in connection with

908. aba 3568-22.doc

C.R.No.410/2020 registered with the Dharavi Police Station, the applicant be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

(C) The applicant shall report to the concerned Police Station on 26th and 27th December, 2022, between 10.00 a.m. and 12.00 noon.

(D) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

(E) The applicant to co-operate with the Investigating Officer.

(F) The applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

6. The application is disposed of.

(M. S. KARNIK, J.)