Bombay High Court
Jayant Bhalchandra Udgaonkar vs The State Of Maharashtra And Ors on 28 August, 2023
Author: N.J.Jamadar
Bench: N.J.Jamadar
2023:BHC-AS:24918
16 aba 2414 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2414 OF 2023
Dr. Jayant Bhalchandra Udgaonkar ... Applicant
versus
The State of Maharashtra and Ors. ... Respondents
Mr. Mihir Desai, Senior Advocate with Dr. Rajendra Anbhule, for Applicant.
Mrs. A.A.Takalkar, APP for State.
CORAM: N.J.JAMADAR, J.
DATE : 28 AUGUST 2023
P.C.
1. Heard the learned Counsel for the parties.
2. This is an application to protect the liberty of the applicant by way of
transit anticipatory bail in connection with CR No.493 of 2022 registered with GTB
Enclave Police Station, District Shahdara, New Delhi, for the offences punishable
under Sections 406, 354D, 509, 506, 306 read with Section 511 of the Indian Penal
Code, 1860 ("the Penal Code") and Section 67 of the Information Technology Act,
2000 and Section 63 of the Copyright Act, 1957.
3. The applicant claims that he was the Director of Indian Institute of
Science Education and Research, Pune (IISER). Presently, he is posted as a Professor
in the said Institute. The first informant was pursuing her Ph.D. at IISER, Pune. Dr.
Anindya Goswami was appointed as a Supervisor of the first informant. Ms. 'S' was
another student under the supervision of Dr. Anindya Goswami.
SSP 1/4
16 aba 2414 of 2023.doc
4. The first informant lodged a report with the allegations that Dr. Anindya
Goswami had included Ms. 'S's name as an author in respect of the work done by the
first informant. Upon being confronted, Dr. Anindya Goswami threatened to finish
the career of the first informant. It is further alleged that the applicant being the
Director at the said institute also exerted pressure on the first informant not to pursue
her complaint against Dr. Anindya Goswami.
5. On the basis of the aforesaid allegations initially FIR was registered for
an offence punishable under Section 406 of the Penal Code only. It seems Dr.
Anindya Goswami approached the Delhi High Court for quashing the FIR, and has
been protected by an order passed by the Delhi High Court in CRL.M.C.963/2023,
dated 10th February, 2023. Subsequently, the investigation came to be transferred to
PS Cyber, Shahdara, and further statements were recorded.
6. In view of the aforesaid development, the applicant was served with a
notice dated 5th August, 2023 to join in the investigation of the said offences registered
at PS Cyber, Shahdara, Delhi, on 9th August, 2023.
7. The applicant apprehends arrest in connection with the said offence.
Mr. Desai, the learned Senior Advocate for the applicant, prayed for interim
protection by way of transit anticipatory bail in the light of the allegations in the FIR
and the position of the applicant as the Professor at the Institute, wherein the first
informant has been pursuing Ph.D.
SSP 2/4
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8. The allegations are primarily against Dr. Anindya Goswami, who has
been protected by an order passed by the Delhi High Court. The applicant appears to
have firm roots in society. The apprehension of arrest in the context of the situation in
life of the applicant and the nature of the allegations, cannot be said to be wholly
unfounded. The applicant is willing to join in the investigation.
9. In the circumstances, the applicant is entitled to interim protection to
facilitate him to approach the jurisdictional Court and work out the remedies.
10. Hence, the following order:
:ORDER:
(i) The applicant shall appear before the Investigating Officer PS Cyber, District Shahdara, Delhi, on or before 5th September, 2023.
(ii) In the meanwhile, in the event of arrest of the applicant in CR No.493 of 2022 registered with GTB Enclave Police Station, District Shahdara, New Delhi, now transferred to PS Cyber, District Shahdara, Delhi, the applicant be released on bail on furnishing a PR Bond in the sum of Rs.30,000/- and one or two sureties in the like amount or cash security in lieu thereof, till 7th September, 2023.
(iii) The applicant shall cooperate with the investigation. SSP 3/4
16 aba 2414 of 2023.doc
(iv) The applicant shall not give any threat or inducement to the first informant or any person acquainted with the facts of the case.
(v) Application stands disposed.
( N.J.JAMADAR, J. )
SSP 4/4
Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 30/08/2023 20:07:03