Mukesh Devaram Chaudhary @ Mukesh Bhai ... vs State Of Maharashtra And Anr on 22 April, 2022

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Bombay High Court

Mukesh Devaram Chaudhary @ Mukesh Bhai ... vs State Of Maharashtra And Anr on 22 April, 2022

Bench: Anuja Prabhudessai

P.H. Jayani                                         916 ABA1105.2022.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION
              ANTICIPATORY BAIL APPLICATION NO. 1105 OF 2022

1) Mukesh Devaram Chaudhary
@ Mukesh Bhai Devabhai Patel

2) Dinesh Kumar Jaga Ram Choudhary
@ Dineshbhai Jogabhai Ratda (Patel)

3) Prabha Ram Makana Ram Choudhary
@ Prabhabhai Makna bhai Gumbi (Patel)                 .... Applicants
           v/s.
The State of Maharashtra and anr.                     .... Respondents


Mr. Niranjan Mundargi i/b. Mr. Laxman R. Shahapur
for the Applicants.
Ms. S.S. Kaushik, APP for the State.

                          CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 22nd APRIL, 2022.

P. C. :-

. This is an Application under section 438 of Cr.P.C. for pre-arrest bail in FIR No.11195018220204 registered with Dhanera Police Station, Banaskantha, Gujarat for offences punishable under sections 114, 323, 366, 380, 454, of the Indian Penal Code.

2. Heard Mr. Niranjan Mundargi, learned counsel for the Applicants and Ms. S.S. Kaushik, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

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P.H. Jayani 916 ABA1105.2022.doc

3. The aforesaid crime was registered pursuant to the First Information Report (FIR) lodged by Hemabhai Mohanbhai Patel, father of the victim. The complainant alleged that his daughter had gone missing on 06/04/2022. Some gold ornaments and cash of Rs.1,65,000/- was also found missing from the house. He was informed that the Applicant No.1 and some others had abducted his daughter. He therefore lodged the FIR against the Applicant No.1, his maternal uncle and others pursuant to which the aforesaid crime came to be registered.

4. The victim is a major and her statement prima facie reveals that she is in love with the Applicant No.1. She has married the Applicant No.1 and is living with him without there being any coercion. The Applicants apprehend their arrest and seeks transit bail for a period of four weeks to enable them to approach the Sessions Court at Banaskantha, Gujarat to seek appropriate relief. In my considered view, the apprehension of arrest is reasonable. Hence, the Application for transit bail is allowed on the following terms and conditions :-

(a) In the event of arrest of the Applicants in FIR No.11195018220204 registered with Dhanera Police Station, Banaskantha, Gujarat, they shall be released on 2/3 P.H. Jayani 916 ABA1105.2022.doc transit bail for a period of four weeks on furnishing bail bonds in the sum of Rs.25,000/- each with one or two solvent sureties in the like amount ;

(b) This order shall remain in force for a period of four weeks ;

6. The Application stands disposed of.

7. Parties to act on authenticated copy of this order. PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2022.04.22 20:23:32 +0530 3/3

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