5crn2831-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2831 OF 2010 Shri Gajanan Baban More. .. Applicant. Vs. The State of Maharashtra .. Respondent. .... Mr.D.A. Athawale, Advocate for the applicant. Mr.S.N. Gawade, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 25TH JUNE, 2010 P.C. 1. Heard learned Advocate Mr.Athawale for the applicant in the present anticipatory bail application. 2. The applicant is apprehending his arrest in C.R. No.25 of 2010 registered with Tokawade police station, Kalyan (Rural), District - Thane for the offences punishable under Sections 498A & 494 read with Section 34 of Indian Penal Code. 5crn2831-10 2 3. The offence punishable under Section 494 for remarriage during pendency of the first marriage is a bailable offence. The allegations against the present applicant so far as the offence punishable under Section 498A IPC are that he and his parents demanded dowry for Rs.3,50,000/- and allegedly out of the same, an amount of Rs.2,00,000/- was given by the parents of the complainant-wife to the present applicant. According to the police, they have to trace out the said amount of Rs.2 lakh for which custodial interrogation is needed. 4. In the said matter parents and sister and brother-in- law of the applicant were also made as accused. However, they were granted anticipatory bail by the Sessions Court and such a request was not granted for the present applicant mainly on the ground that the allegations against him are that he had remarried and it is a matter of ill-treatment and harassment and demand of dowry. 5. It is submitted on behalf of the applicant that apart 5crn2831-10 3 from mere allegations, there is nothing to substantiate that the applicant had remarried. It is also submitted that the complainant-wife is suffering from paranoid psychosis, a mental disorder, and only for two months she stayed in the family of the applicant, however, thereafter left the home and went to her parents. 6. All the same, considering the above submissions it would be in the fitness of the situation to protect the present applicant till he surrenders before the learned Sessions Court at Kalyan applying for regular bail. Hence, following order :- :: O R D E R :: [i] Criminal Application No.2831 of 2010 for anticipatory bail is granted for the period of two weeks. [ii] In the event of arrest of the applicant -Shri Gajanan Baban More in C.R. No.25 of 2010 registered with Tokawade police station, Kalyan (Rural), District - Thane, he shall be released on interim bail on his 5crn2831-10 4 executing a P.R. bond of Rs.15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount. Said bail shall be effective for the period of two weeks from today. In the meantime, it is open for the applicant to surrender before the learned Additional Sessions Judge, Kalyan and apply for regular bail. [iii] Needless to mention that the learned Sessions Judge who is seized of the matter shall decide the said application on its own merit without being influenced by any of the observations made in this order. [iv] Criminal Application is disposed of accordingly. (A.R.JOSHI,J.)