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2022 DIGILAW 1362 (BOM)

Harsimran Singh v. State

2022-05-12

AMIT B.BORKAR

body2022
JUDGMENT amit Borkar, J. - prehending arrest in relation to the Crime No. 254/2021 dated 13/05/2021 registered with the Non-applicant - Police Station for the offences punishable under Sections 354-D, 509, 506, 504 and 503 of the Indian Penal Code and Section 67-a of the Information Technology act, the applicant has filed the present application under Section 438 of the Code of Criminal Procedure. The First Information Report came to be registered against the applicant with the accusations that the marriage between the Complainant and the applicant took place on 27/04/2014 and they have a baby child. It is alleged that the applicant used to harass the Complainant and the dispute between them was initially settled. It is alleged that in the year 2021, the applicant left the city of Nagpur and started abusing the Complainant by using the social media. The First Information Report came to be registered on 13/05/2021. The applicant therefore approached the learned Sessions Judge by way Criminal Bail application No. 658/2022 which has been rejected by the order dated 24/03/2022. The applicant has therefore filed the present application. I have heard Shri S.R. Kadam, learned advocate for the applicant and Ms. M.a. Barabde, learned aPP for the Non-applicant/State. Learned advocate for the applicant submits that the essential dispute is arising out of matrimonial relationship between the applicant and the Complainant. according to him, the allegations even if assumed to be correct, are not sufficient to constitute the offences under Sections 354-D of the Indian Penal Code or 67-a of the Information Technology act. Learned aPP has filed the reply and stated that the applicant is not co-operating with the investigation and has not made himself available inspite of issuance of two notices and the mobile phone of the applicant is yet to be recovered and therefore the custodial interrogation of the applicant is necessary. Having gone through the contents of the First Information Report and the reply filed by the Non-applicant, it prima-facie appears to be arising out of matrimonial dispute. The applicant is husband and the Complainant is wife. Therefore, I am satisfied that the applicant is entitled to interim relief. Insofar as the apprehension about the non-cooperation of the applicant with the investigation is concerned, the same can be taken care of by imposing conditions. The applicant is husband and the Complainant is wife. Therefore, I am satisfied that the applicant is entitled to interim relief. Insofar as the apprehension about the non-cooperation of the applicant with the investigation is concerned, the same can be taken care of by imposing conditions. By way of interim relief, I pass the following order:- (a) In the event of arrest of the applicant in relation to the Crime No. 254/2021 registered on 13/05/2021 with the Non-applicant - Police Station, the applicant Harsimran S/o Gurmohan Singh shall be released on provisional bail on furnishing P.R. Bond of Rs. Fifteen Thousand and one or two sureties to the like amount. (b) The applicant shall remain present before the Investigating Officer on 23/05/2022 between 11:00 am to 2:00 pm and shall make himself available as and when called by the Investigating Officer. (c) The applicant shall co-operate with the investigation and shall not influence the witnesses or evidence either collected or sought to be collected by the Investigating agency. (d) In case of breach of any condition by the applicant, the Investigating Officer shall be entitled to apply for cancellation of protection granted by the present order.