1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2534 OF 2009 Gaurav Sureshkumar Dhamija .. Applicant. Vs. State of Maharashtra .. Respondents. WITH CRI. APPLN. NO.274 OF 2009 IN CRI.APPLN.NO.2534 OF 2009 Shikha Gaurav Dhamija .. Applicant. Vs. Gaurav Sureshkumar Dhamija & Anr. .. Respondents Mr.Sandesh Patil for the applicant. Mrs.S.D.Shinde A.P.P. for the State. Mr.Shriram S.Kulkarni for the original complainant. Coram: D.B. BHOSALE, J. Dated : 25TH June, 2009 P.C. Heard learned counsel for the applicant and original complainant and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.125 of 2009 of Kasarwadavli Police Station, Thane. The crime has been registered against the applicant and four others for having allegedly committed an offence punishable under 2 sections 498-A, 406 r/w 34 of IPC. 3. The prosecution case, in short, is that the complainant – Shikha was subjected to harassment by the applicant and his other family members with a view to coercing her and her parents to meet their unlawful demand of monies and some articles. The applicant and the complainant married on 3.2.2006. She stayed with the applicant till 8th March, 2009. The couple was blessed with a female child. The complainant lodged the FIR on 25.5.2009 with several allegations including unlawful demand of monies and articles. 4. Mr.Patil, learned counsel for the applicant invited my attention to the letter dated 12.4.2007, written by the applicant, addressed to the Commissioner of Police, Thane, stating that the complainant was likely to rope him and his family members in a case under section 498-A of IPC. Even before that an N.C. complaint was lodged by the applicant against the complainant. The applicant had also filed anticipatory bail application which was disposed of vide order dated 9.6.2008 with direction to the police to give 72 hours notice to the applicant in the event the offence was registered. Despite this, Mr.Patil submitted that the applicant, without prejudice to his right and contention, is prepared to invest Rs.5,00,000/- in fixed deposit within two weeks from today in the name of his daughter showing the 3 complainant as her guardian. He further submitted that the applicant is prepared to invest in favour of the daughter only on condition that the said amount shall remain deposited till the daughter attains the age of majority. Keeping the offer made by the applicant in view and considering overall facts and circumstances of the case and more particularly the delay of two months in lodging the FIR I am inclined to grant this application for anticipatory bail. Hence the following order: In the event of arrest, the applicant be released on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount, subject to the conditions incorporated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant shall report to the concerned police station on every Saturday between 6 pm and 7 pm for a period of 60 days or till filing of the chargesheet, whichever is earlier. The statement of the learned counsel for the applicant stating that the applicant shall invest Rs.5,00,000/- in fixed deposit in the name of his daughter within a period of two weeks from today is accepted. It is made clear that the complainant shall not withdraw the said amount either on maturity or at any stage till the daughter attains age of majority. It is open to the applicant to give standing instructions to the bank to renew the fixed deposit from time to time till the 4 daughter attains age of majority. The applicant shall send photo copy of the deposit receipt to the mother within a period of two weeks from the date of deposit. It is open to the parties to approach family court in appropriate proceedings seeking appropriate directions in respect of the fixed deposit. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. Criminal application No.274 of 2009 for intervention is also disposed of. (D. B. Bhosale, J.)