1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1050 OF 2010 Shashikant Hari Patil and ors. ..Applicants V/s The State of Maharashtra ..Respondent. ..... Mr.Amol S. Sawant, Advocate for applicants. Smt.Vaishali Shinde, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 22nd March, 2010. PER COURT : 1. Heard Mr.Amol S. Sawant, learned Counsel for applicants and Smt.Vaishali Shinde, learned A.P.P. for respondent. 2. The applicants have preferred the present application seeking anticipatory bail apprehending their arrest in connection with C.R. No.21/2010, registered with Deopur Police Station, Dhule for the offence punishable under sections 406, 420, 427 r/w 34 of the Indian Penal Code and Sections 3 and 4 of Dowry 2 Prohibition Act. 3. It appears that the complaint has been registered on the report lodged by one Dongar Lotal Patil on 17.02.2010 i.e. father of girl namely Rohini, whose marriage was allegedly fixed with one Nilesh Dashrath Mahale. It is alleged in the said complaint that engagement took place between Rohini and Nilesh on 4th February, 2010 and the relatives of both sides i.e. from Girl side and boy side were present for the said function, and, at the time of engagement, the gold ornaments amounting to Rs.72,111/- comprising gold chain, braslet, ring, as well as, cash amount of Rs.10, 250/- for purchase of clothes and an amount of Rs.10,000/- were gifted to Nilesh as well as female relatives were given saris etc. It is also alleged that on 6th February, 2010, the said engagement and proposed marriage was cancelled from the side of Nilesh, and therefore, it is further alleged that the complainant was cheated and decieved. 4. The learned Counsel for the applicants submitted that the applicants herein are the relatives of Nilesh 3 Mahale who simply attended the engagement ceremony and they are not engaged in the said offence. It is further urged that the applicants were not gifted any cash amount and nothing is to be recovered from them. The learned counsel for the applicants further submitted that there is no necessity of custodial interrogation of the applicants for further investigation, and therefore, the present application be allowed. 5. The learned A.P.P. countered the said submission and submitted that the gold ornaments and cash amount gifted to Nilesh are yet to be recovered and investigation is still under progress. The learned A.P.P. further submitted that the custodial interrogation of the applicants is necessary to carry out recovery, and therefore, submitted that the present application be rejected. 6. On perusal of the investigation papers and after considering rival submissions advanced on behalf of parties, it is apparent from the contents of the F.I.R. that the gold ornaments and the cash amount was 4 gifted to Nilesh Mahale and the applicants herein were not gifted any cash amount and nothing is to be recovered from them. The applicants appears to be relatives of Nilesh Mahale, who simply attended engagement ceremony. 7. In view of the above position, I am of the view that, there is no necessity of the custodial interrogation of the applicants, and therefore, the present application deserves to be allowed. 8. In the result, application is allowed. It is directed that in the event of arrest of the applicant nos.1 to 10 in connection with C.R. No.21/2010, registered with Deopur Police Station, Dhule for the offence punishable under Section 406, 420, 427 r/w 34 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act, they be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing the P.R. bond in the like amount by each of them. The applicants shall attend the concerned Police Station as and when required and shall co- operate with the investigation and they shall not 5 tamper with prosecution evidence and shall not influence the prosecution witnesses directly or indirectly. Needless to say, aforesaid anticipatory bail shall be in force till filing of charge sheet. (SHRIHARI P. DAVARE) JUDGE gas/cri1050.10