(1) FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 1375/2009 (Gajanan @ Sanjay Bholaji Naik & another vs. State of Maharashtra ) ------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ............................................................................................................................ CORAM: A.P. BHANGALE,J. DATED: 27 th July, 2009. 1. Heard Mr S V Sirpurkar, the learned counsel for the applicants and Mr Anup Parihar, learned APP for Respondent-State. 2. By this application, the applicant prayed for grant of anticipatory bail in connection with Crime No. 24/2009 registered at Nandura Police Station on 18.3.2009, for offence punishable under sections 341, 342, 363, 376 read with Section 34 of the Indian Penal Code. 3. Learned counsel for the applicant invited my attention to the averments in the FIR; that one Sau. Savita Naik made a complaint that she was married with Vinod Naik some time, about 12 years ago. That two daughters and one son were begotten out of the said wedlock. Since last 15 months, prior to the complaint, due to marital discord between her husband, she started residing with her parents. According to her, on 7 th March 2009, her husband and his cousin brother Gajanan @ Sanjay (present applicant No.1) had forcibly taken away all the three children from her parents’ house about which she had informed Police Station Officer, Nandura. On 15.3.2009 when her parents were away at about 10.30 a.m, she had received a phone call from her husband that health of two children is not well and they are in Dr. Amdabakr’s Dispensary at Nandura. Accordingly, her husband had called her to Nandura. She, thus, left her parental home and went by auto up to Nandura Railway Gate where she had seen one white colour four wheeler ; so also her husband Vinod was also seen. It is alleged that she was pushed in that car forcibly which was occupied by Sanjay Naik, cousin brother of her husband and Ajabrao Sardar ( material uncle of Sanjay and son of Ajabrao) as also her cousin sister Kantabai. She alleged that Sanjay Naik had covered her face by means of a handkerchief and other three persons had caught hold of her and they had taken her away and abused filthily. She alleged further that Sanjay Naik acted excessively ; while others were helping him. Later on 17.3.2009 she was brought on a tar road at about night time she had talked to her younger brother on a mobile phone and called him to come over to Nandura. Her father came to fetch her at new Bus stand, Nandura. Thus, serious accusations were made against the applicants. 3. Learned counsel for the applicant contents that the accusations are false and frivolous and arising out of grudge or animosity between her husband and wife and due to their marital discord, the complainant decided to implicate her husband’s relatives in a false case. It is the specific contention of the applicant no.1 that he was attending his duty at Government Polytechnic, Khamgaon as a Security Guard and to support this contention affidavits of his co- employees – by name, Jeetendraprakash Mirge and Manikrao Pandurang as also certificate from Principal, Govt. Polytechnic Khamgaon have been produced to indicate that applicant Gajanan @ Sanjay Naik was employed at Government Polytechnic, Kahmgaon as a Security Guard and was present on duty on 15.3.2009 during the period between 7.00 a.m. and 3.00 p.m. Jeetendra Prakash Mirge in his affidavit dated 7.7.2009 also supported the contention of applicant-Gajanan on the ground that he had taken charge as Security Guard from Gajanan @ Sanjay Naik on 14.3.2009. Shri Manikrao Pandurang had taken charge from Gajanan @ Sanjay at about 11.00 p.m. on 14.3.2009. Looking into this specific contention, it appears that the applicants were granted the benefit of interim protection from arrest vide order dated 9 th April,2009. 4. Although accusations are of serious nature, considering the background facts in which they were made, it is difficult to believe them prima facie at this stage for the simple reason that complainant was admittedly on inimical terms towards her husband due to their marital discord and was residing with her parents, despite her case that on 7.3.2009 her husband had taken away her children forcibly. Looking into this background, it may be possible that she wanted to wreak vengeance against her husband Vinod and applicant No.1 by hurling false accusations at them. Such a possibility cannot be ruled out although merits of the accusations will have to be examined upon evidence in the trial Court. At this stage the applicant no.1 has created serious doubt about the veracity of the complaint by producing affidavits of his co-employees - Jeetendraprakash as also the certificate of Principal of Govt. Polytechnic clearly indicating that the date of incident as alleged, Considering the plea of alibi, supported by the affidavits as stated above, the applicant no.1 is entitled to bail. 5. As against applicant no.2, he was not named in the FIR nor any active role was attributed to him by the complainant, except that unknown persons were helping Sanjay. Considering that the applicant no.1 is gainfully employed as Security Guard in Govt. Polytechnic, Khamgaon, Hence the following order :- In the event of the arrest of the applicants in respect of Crime No. 24/2009 registered at P.S.O. Nandura, they be released upon executing PR in the sum of Rs. 25,000/- each, (rupees Twenty five thousand ) , with one or two sureties in equal amount, provided that they shall attend the Investigating Officer as and when required and shall inform their fixed address along with phone number if any to the I.O. ; so also change in the address if any. They shall not commit any crime during the bail period and shall not tamper with prosecution evidence. Criminal Application is disposed of. Humdast allowed. JUDGE sahare