SARANG V. KOTWAL
Shivek Ramesh Dhar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. The Applicant is seeking anticipatory bail in connection with C.R.No.495/2021 registered with Rabale Police Station, Navi Mumbai, dated 02/12/2021, under sections 498-A, 323, 504, 406, 506(2) of the Indian Penal Code and under sections 3 an 4 of the Dowry Prohibition Act.
2. Heard Resham I. Sahni, learned counsel for the Applicant and Smt. A.A. Takalkar, learned APP for the State.
3. The FIR is lodged by the Applicant's wife on 02/12/2021. She has stated that she got married with the Applicant on 11/11/2017. At the time of marriage, the Applicant's family wanted gold coin each for their family members. But the informant and her family refused to give those. After the marriage the in-laws used to talk about their demand and used to cause harassment to the informant. It is mentioned that her sister-in-law and the father-in-law used to instigate the Applicant and thereafter the Applicant used to insult and humiliate the informant. He used to abuse her. The couple has a son, who is 3 years of age as of today. In November 2019, the Applicant and the informant started residing in Vashi, Navi Mumbai. It is her case that the informant had given around Rs.13,50,000/- for purchasing
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the lack of necessity for the Applicant's custodial interrogation, the presence of const....
The court emphasized anticipatory bail conditional on financial support for the informant, highlighting the obligation of maintenance.
Anticipatory bail may be granted based on an offer of support to the complainant, reflecting the court's discretion in marital dispute cases.
Anticipatory bail can be granted in cases where the allegations are found to be false and there is no need for custodial interrogation. The court should consider the facts of the case and the partici....
The court grants anticipatory bail considering the general nature of accusations and the petitioner's clean antecedents.
Mere non-recovery of disputed dowry articles and lack of requirement for further investigation can be considered in granting anticipatory bail in domestic violence cases.
The conduct of the accused is critical in determining anticipatory bail; misuse of interim protection can lead to denial of bail.
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