1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1718 OF 2010 (Navin Natwarlal Lakhani .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Anil Mardikar, Advocate for the applicant. Shri P.V. Bhoyar, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 24TH NOVEMBER, 2010. Heard. By way of present application, the applicant is seeking pre-arrest bail for the offence punishable under Sections 498-A and 506 of the Indian Penal Code vide Crime No. 151/2010 registered with the Police Station, Kotwali, Mahal, Nagpur. Learned Counsel for the applicant submits that the complainant was merely a caretaker of his children and with some ulterior motive, she has lodged a report against the applicant alleging that the applicant has performed marriage with her and then allegations of ill treatment are made against the applicant. He further submits that the applicant submits that on the face of record i.e. initial notices and proceedings before the Special Executive Magistrate which are placed on record as Document No.4 and communication dated 17.08.2010 at page 28 of the application, the complainant refers herself as “Swati Anant Bhatt”. He further submits that even bare perusal of the report lodged with the police against the applicant would show that the complainant was married to one Yeshwant Bhadane and there is nothing on record to suggest or show that the earlier marital tie between the complainant and Yeshwant Bhadane was broken up at any point of time or any document to that effect is collected by the investigating agency. Learned Counsel for the applicant further submits that even accepting the case as it is, in the backdrop of the report lodged against the applicant, there is no need of any custodial 2 interrogation of the applicant. He further submits that the applicant is a businessman and also involved in various social activities. Learned Counsel further submits that the arrest of the applicant would bring disrepute to him. The applicant is ready to cooperate with the investigating agency and he will also abide by the conditions imposed upon him by the Court. Learned APP has filed the reply and strongly opposed the application. The record collected by the investigating agency is placed on record. I have perused the said record. The statements recorded by the investigating agency do indicate that there is no specific statement to show that the marriage between the applicant and the complainant was performed at Ahemadabad as alleged by the complainant. Insofar as the prima facie material collected by the investigating agency is concerned, the material is not sufficient enough to show that the custodial interrogation of the applicant is very much required. The apprehension of the investigating agency can be taken care of by putting the applicant on conditions. I am of the considered opinion that prima facie case is made out to enlarge the applicant on bail. In the result, the application is allowed. Interim protection granted by this Court on 26th October, 2010 is confirmed with further conditions as under :- (i) The applicant to cooperate with the investigating agency and attend the Police Station, Kotwali, Nagpur on every 2nd and 4th Sunday between 09:00 a.m. and 12:00 noon till the final report is filed or for the period of three months, which ever is less. (ii) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. 3 (iv) In case the applicant is moving out of the area of Police Station, Kotwali, Nagpur, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.