24-ABA-2301-2024.doc Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2301 OF 2024 Vicky Anad ...Applicant V/s. State Of Maharashtra & Anr. ...Respondents _____________________________________________________________ Ms. Neha Bhavsar, for the Applicant. Mr. Bapu Holambe Patil, APP for the Respondent – State. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 10 TH JULY, 2026. P.C. :- 1. Heard learned advocate Ms. Neha Bhavsar for the applicant, as well as advocate Mr. Bapu Holambe Patil learned APP for the State. 2. The applicant has filed the instant application under section 438 of the Code of Criminal Procedure, 1973 for seeking pre-arrest bail in connection with Crime No. 642 of 2024 registered with Kasarvadvali Police Station, Thane, for the 1/6 24-ABA-2301-2024.doc offence punishable under Sections 498-A, 323, 406, 506, 420, 468 & 504 read with Section 34 of the Indian Penal Code. 3. The applicant is the husband of the complainant/respondent no.2. The complainant has lodged a report against the applicant alleging that after their marriage on 21st April, 2022 they were residing at Bangalore, and the applicant has ill-treated her on account of several petty issues. She alleged that due to the cruel treatment meted out by the applicant, there was quarrel in between the parties and one point of time, the police had intervened. She has alleged that the applicant has physically and mentally harassed her and after quarrel in between them on 20th March, 2024, the applicant has taken away with him all the belongings of the informant including golden ornaments. She has alleged that the applicant has forged her signature for the purpose of booking a flat in his own name and on account of these allegations, the report came to be lodged. 4. Learned counsel for the applicant/husband submits that the allegations about cruelty are without any basis. He would 2/6 24-ABA-2301-2024.doc submit that the applicant has not taken away the golden ornaments and there is no question of forgery of signature of the complainant/wife. He submitted that the applicant and informant had both booked a flat at Bangalore and after the quarrel in between them the booking is also cancelled. As such, it is submitted that the applicant has not committed any forgery or any kind of cruelty upon the informant. 5. Apart from this, learned counsel for the applicant submits that this Court has granted him interim protection by order dated 27th November, 2024 and in accordance with the said order, the applicant has co-operated with the investigating agency. He therefore, submits that the interim protection be confirmed. 6. Learned APP for the respondent opposed the application and submitted that the wife has levelled allegations about her missing golden ornaments and the applicant’s involvement in the offence cannot be doubted. However, learned APP does not dispute the contention that this applicant was protected by order dated 27th November, 2024 and the 3/6 24-ABA-2301-2024.doc contentions that the applicant has co-operated with the investigating agency. 7. It has to be noted that the dispute in between the complainant and the applicant arose on account of matrimonial discord. The complainant/wife has made allegations about cruelty with respect to the incidents which occurred on 24th March, 2024 and the FIR is lodged on 05th April, 2024. As regards the allegations of forgery of signature of the wife, it appears that the parties had decided to purchase a flat jointly and the booking was initially in the names of both the parties. Although it is alleged by the wife in the report that the husband was attempting to cancel the wife’s name, it is revealed that ultimately the booking of the flat was completely cancelled. In this background, the allegations of forgery appeared to be introduced only on account of her other allegations of cruelty. It appears that the husband and wife were residing in the same house and the allegations about missing of the golden ornaments is a matter of investigation. Considering the nature of offence being based on quarrels in between the husband and wife and further 4/6 24-ABA-2301-2024.doc considering the fact that the applicant was protected by an interim order passed by this Court since more than one year, i.e. from 27th November, 2024, the interim protection granted by this Court needs to be confirmed. Hence, I pass following order: : : O R D E R : : i] The Anticipatory Bail Application is allowed. ii] In the event of arrest of the Applicant in Crime No. 642 of 2024 registered with Kasarvadvali Police Station Thane for the offence punishable under Sections 498(A), 323, 406, 506, 420, 468 & 504 read with Section 34 of the Indian Penal Code., he be released on bail on furnishing P. R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount. iii] The Applicant is directed to extend co- operation during the investigation and trial. 5/6 24-ABA-2301-2024.doc iv] The Applicant shall not tamper with the prosecution witnesses or evidence. 8. In view of the above, the Anticipatory Bail Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 6/6