NAYA NAGAR

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1463 OF 2022 Bherulal Govind Joshi ....APPLICANT V/S State Of Maharashtra ....RESPONDENT None for Applicant Smt. Anamika Malhotra, APP for State CORAM : HON'BLE SMT. JUSTICE BHARATI DANGRE J DATE : 6th June, 2022 P.C. : S. O. to 04/07/2022 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: Bherulal Govind Joshi .. Applicant Versus The State of Maharashtra .. Respondent Ms.Lalita L. Rajguru for the Applicant. Ms.Anamika Malhotra, A.P.P. for the State/Respondent. API Vinayak Jadhav attached to Nayanagar Police Station, present. ... … CORAM: BHARATI DANGRE, J. DATED : 04th JULY, 2022 P.C:- SALGAONKAR M M Digitally signed by SALGAONKAR M M Date: 2022.07.05 16:48:37 +0530 The learned counsel for the applicant states that, inadvertently two applications came to be fled by the same applicant. She, therefore, seeks permission to withdraw the present application. Permission granted. The application stands disposed off as withdrawn. ( SMT. BHARATI DANGRE, J.)

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1462 OF 2022 Sunil Bherulal Joshi APPLICANT V/S State Of Maharashtra RESPONDENT Adv. Lalita L. Rajguru for Applicant Shri. A. A. Palkar, APP for State CORAM : HON'BLE SMT. JUSTICE BHARATI DANGRE J DATE : 6th June, 2022 P.C. : At the request of learned counsel for the Applicant , stand over to 13/06/2022 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1462 OF 2022 Sunil Bherulal Joshi ] ... Applicant Vs. The State of Maharashtra ] ... Respondent … … Mr. Alankar Kirpekar i/b Ms. Lalita Rajguru for the applicant. Mr. A.A. Palkar, A.P.P. for the State. CORAM : SMT. BHARATI DANGRE, J. DATED : 13TH JUNE, 2022. P.C.:- The applicant is arraigned as accused No.1 in C.R. No.213 of 2022 registered with Naya Nagar Police Station invoking Sections 498A, 376 and 384 of the IPC. On the basis of the complaint, the applicant, mother in law, father in law and sister in law were arraigned as accused. The complaint lodged on 26/03/2022 narrates that the complainant was married to the applicant on 04/12/2017 and when she started cohabiting in the matrimonial house, she was subjected to harassment. It is stated that on 16/08/2020, she was driven out of the house and she went to her parental house. Thereafter, on 02/03/2021, the matter was reconciled between the husband and the wife and, she again started residing with the applicant in their house located at Mira Road, Thane, but her allegation is that the harassment continued. She states that she was harassed by her mother-in-law, father-in-law and sister-inlaw, who used to trouble her by insulting her. As far as father-in-law is concerned, serious allegations are leveled against him, seeking sexual favours and indulging in forcible sexual intercourse, due to which Section 376 of the IPC came to invoked against him. The father in law was granted protection from arrest by me by order dated 07/06/2022 in Anticipatory Bail Application No.1484 of 2022. Perusal of the accusation leveled against the applicant, justifying invocation of Section 498A of the IPC falls short of harassment and cruelty, contemplated under Section 498A of the IPC. The marriage was solemnized in the year 2017, but the FIR was registered after four years and when the FIR is perused the allegations are vague in nature and bereft of any particular material, barring that she was driven out from the matrimonial house. In the wake of the above, the applicant deserves an interim AJN protection subject to the stipulation that he shall render cooperation to the Investigating Officer. Hence the following order: ORDER (a) In the event of arrest, the applicant Sunil Bherulal Joshi shall be temporarily released on bail in C.R. No.213 of 2022 registered with Naya Nagar Police Station, District Thane, on executing P.R. bond to the extent of Rs.25,000**/** and furnishing one or two sureties of the like amount. (b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case and shall not tamper with prosecution evidence. List the application along with Anticipatory Bail Application No.1484 of 2022 on 11/07/2022. All parties are directed to act on the downloaded copy of the order supplied by the Advocate under his seal and signature. [SMT. BHARATI DANGRE, J.]

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1484 OF 2022 Bherulal Govind Joshi ...Applicant vs. The State of Maharashtra ...Respondent WITH ANTICIPATORY BAIL APPLICATION NO.1462 OF 2022 Sunil Bherulal Joshi ...Applicant vs. The State of Maharashtra ...Respondent Mr. Alankar Kirpekar a/w. Ms. Lalita Rajguru, Mr. Piyush Tiwari i/b. Lalita Rajguru, for the Applicant Mr. S.H. Yadav, APP, for the Respondent/State. Mr. Vinayak Jadhav, API, Naya Nagar police station. CORAM : N. J. JAMADAR, J. DATE : OCTOBER 26, 2023 P.C.: Heard the learned counsel for the applicant and the learned APP for the State. This application is preferred seeking pre-arrest bail in connection with C.R. No. 213 of 2023 registered at Naya Nagar police station for the offences punishable under sections 376 and 498-A and 384 of Indian penal Code, 1860. The applicant in ABA No. 1484 of 2022 is the father in law of the first informant. The applicant in ABA No. 1462 of 2022 is her husband. In ABA No. 1484 of 2022, by an order dated 7th June, 2022 this Court was persuaded to grant interim protection ascribing reasons. The applicant in ABA No. 1462 of 2022 was also granted interim protection by an order dated 13th June, 2022. Both the applicants have attended the police station and cooperated with the investigation. So far as the applicant in ABA No. 1484 of 2022, the allegations are of illtreatment and sexual assault. While granting interim bail, this Court had adverted to the aspects of delay and the element of probability. Those reasons also weigh with the Court, in making the order of interim bail absolute. So far as the applicant in ABA No. 1462 of 2022 the allegations are primarily of matrimonial cruelty. I am, therefore, inclined to make the order of interim bail absolute qua Sunil Joshi as well. The order of interim bail dated 7th June, 2022 qua the applicant Bherulal Joshi (ABA No. 1484 of 2022) is made absolute on the terms and conditions incorporated therein. The order of temporary bail dated 13th June, 2022 qua the applicant Sunil Joshi (ABA No. 1462 of 2022) is made absolute on the terms and conditions incorporated therein. The applicants henceforth shall appear before the investigating officer as and when directed. The applicants shall not tamper with the prosecution evidence and give threat or inducement to first informant, any of the prosecution witnesses or any person acquainted with the facts of the case. The applicants shall regularly attend the proceedings before the jurisdictional Court. It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only. Applications disposed. (N. J. JAMADAR, J.)