cran3784.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3784 OF 2011 Dinesh s/o Shantilal Sharma ...Applicant Versus The State of Maharashtra and another ...Respondents ..... Mr. S.S. Bora h/f Mr. U.B. Bilolikar, advocate for the applicant Mr. D.R. Korde, A.P.P. for respondents ..... CORAM: SHRIHARI P. DAVARE, J. DATED: 5TH SEPTEMBER, 2011 PER COURT:- 1 Heard counsel for the respective parties finally. 2 Issue notice to the respondents. Learned APP Mr. Korde accepts notice for respondents. Perused the investigation papers which were made available. 3 The offence has been registered on the basis of complaint lodged by the complainant Narayan Onkar Joshi on 14.2.2011 in respect of occurrence of alleged incident at about 15.00 hours on 11.2.2011. It is alleged by the complainant that the applicant is landlord of the premises wherein the complainant used to reside cran3784.11 -2- alongwith his family on rent. It is also alleged that the wife of the complainant viz. Sharda and the applicant herein had illicit relations. It is further alleged that on 11.2.2011 at about 3.00 p.m. the applicant herein abducted the complainant’s wife Sharda on motorcycle. However, apparently the complaint is silent in respect of the ingredients of the inducement to the complainant’s wife by the applicant herein with a view to abduct her. Moreover, it is also material to note that although the alleged incident occurred on 11.2.2011 at about 3.00 p.m. the complaint came to be lodged after a lapse of three days, which apparently raises suspicion in relations to the very complaint itself. Moreover, the affidavit dated 4.3.2011 filed by the complainant’s wife viz. Sharda states that on 11.2.2011 she was at the house and the police personnel recorded her statement. The contents of the said affidavit speaks for itself. 4 In the circumstances, considering the allegations made against the applicant, I am of the view that there is no necessity of custodial interrogation of the applicant for further investigation, and hence, the present application deserves to be allowed. 5 In the result, the present application is allowed and it is directed that in the event of arrest of applicant under C.R. No. 34 of 2011, registered at Vazirabad police Station, Nanded, he be released on cran3784.11 -3- anticipatory bail on furnishing P.R. bond of Rs.15,000/- with one surety in the like amount, on the following conditions;- i) The applicant shall give his attendance before the concerned investigator on every Tuesday and Friday between 5.00 p.m to 7.00 p.m. till filing of charge sheet, and shall co-operate in the investigation. ii) The applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 4 The present criminal application stands disposed of finally. ( SHRIHARI P. DAVARE, J. ) rlj/