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2021 DIGILAW 1476 (BOM)

Rushikesh Sudhir Dahiwal v. State of Maharashtra

2021-11-02

R.N.LADDHA

body2021
JUDGMENT R. N. Laddha, J. - Issue notice to the non-applicant returnable on 16-11-2021. Mr. S.N. Morampalle, learned APP waives service of notice for the non-applicant / State. 2. In anticipation of arrest in Crime bearing No.202 of 2021 registered at Amalner Police Station for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, the applicants are praying for pre-arrest bail. 3. Precisely, the case of the prosecution is that, the informant namely Divya got married with applicant no.1 Rushikesh on 18-01-2021. After five months of their marriage, all the applicants started demanding Rs.10,00,000/- for purchasing flat. Initially she was expelled from the matrimonial home on 06-02-2021 and since then she is residing with her parents. On 27-09-2021 the informant lodged a report against the applicants. 4. Mr. S.J. Rahate, learned Counsel for the applicants submits that applicant no.1 husband of the informant had issued legal notice seeking restitution of conjugal rights and also filed marriage petition before the Family Court at Parbhani. As the notice of the said petition is served on the informant, she lodged a false complaint against the applicants. Applicant nos.2 to 5 are not residing with applicant no.1. 5. In view of the nature of the allegations, the applicants liberty can be protected till the matter is heard on merits. Hence the following order: ORDER (i) In the event of the arrest of the applicants namely Rushikesh Sudhir Dahiwal, Sunil Rajabhau Dahiwal, Sudhir Rajabhau Dahiwal, Sushma Sudhir Dahiwal, Amruta Manoj Mandlik in Crime bearing No.202 of 2021 registered with Amalner Police Station, Dist. Beed for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, they be released on interim bail on executing P.R. bond in the sum of Rs.25,000/- each, with one or more sureties in the like amount. (ii) The applicants shall attend Amalner Police Station, Dist. Beed on every Sunday between 11.00 a.m. and 02.00 p.m. (iii) The applicants shall not tamper with the prosecution evidence.