Bombay High Court
Jignesh Rasiklal Vasani vs State Of Maharashtra on 4 January, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
905.ABA.3-23.doc
PMB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
PRADNYA
MAKARAND ANTICIPATORY BAIL APPLICATION NO.3 OF 2023
BHOGALE
Digitally signed by
PRADNYA MAKARAND
BHOGALE JIGNESH RASIKLAL VASANI ..APPLICANT
Date: 2023.01.05
20:44:26 +0530 VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
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Mr. Yashpal M. Thakur a/w Mr. Mukund Pandya for applicant.
Mr. N. B. Patil, APP for State.
Mr. Thoke, API, IO and Mr. Sonawane, PSI, Pairavi, Charkop
Police Station are present.
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CORAM : M. S. KARNIK, J.
DATE : JANUARY 4, 2023.
P.C. :
1. Heard learned counsel for the applicant.
2. This is an application for pre-arrest bail in respect of
the offence punishable under Sections 376(2)(n), 420, 406,
506 and 34 of the Indian Penal Code, 1860 in connection
with C.R. No.1027 of 2022 dated 19/12/2022 registered
with Charkop Police Station.
3. The period of the incident is mentioned as 01/07/2022
to 25/08/2022. It is alleged by the prosecutrix that the
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905.ABA.3-23.doc
applicant gained her trust and promised to marry her. The
prosecutrix parted with a sum of Rs.2,50,00,000/- for
purchase of property. The said amount is not returned to
her by the applicant. It is further alleged that the applicant
had physical relations with her on the pretext that he would
be marrying her. The husband of the prosecutrix died
sometime in the year 2017. Upon going through the paper
book, it appears that the prosecutrix had earlier filed the
complaint with Kandivali Police Station. By communication
dated 13/08/2022 she had requested the Senior Police
Inspector, Kandivali Police Station to withdraw the legal
proceedings against the complainant and his family
members. The reading of the FIR and the complaint reveals
that there are financial transactions between the parties
and they are known to each other very well. Having regard
to the nature of the allegations, it would be appropriate to
direct the applicant to implead the prosecutrix as a party to
this application.
4. Learned counsel for the applicant is directed to
implead the prosecutrix as a party respondent to this
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905.ABA.3-23.doc
application. Amendment to be carried out in the course of
this week. Post amendment, Investigating Officer to serve
the prosecutrix.
5. Learned APP to take further instructions as regards
the complaint which was filed by the prosecutrix with
Kandivali Police Station.
6. In this view of the matter, the case of grant of ad-
interim protection is made out. Hence, the following order :-
ORDER
(a) In the meantime, in the event of arrest in connection with C.R. No.1027 of 2022 registered with Charkop Police Station, the applicant-Jignesh Rasiklal Vasani shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or more sureties of the like amount.
(b) The applicant shall report to the concerned police station on 09/01/2023,10/01/2023 and 11/01/2023 between 11.00 a.m. and 1.00 p.m.
(c) The applicant to co-operate with the Investigating Officer.
(d) The applicant to furnish details of his residential address and contact number to the Investigating Officer.
3905.ABA.3-23.doc
(e) 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 Ofcer and shall not tamper with evidence.
7. Stand over to 23/01/2023.
(M. S. KARNIK, J.) 4