5-ABA-2630-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2630 OF 2026 Yogesh Kanubhai Darji …Applicant Versus The State of Maharashtra …Respondent Adv. Vivek N. Arote a/w Adv. Akshay Dingale and Adv. Harish Garde, for Applicant. Mrs. Megha S. Bajoria, A.P. P., for Respondent – State. PSI Shruti Malpote and APP Smt. Bhajoria, Dahisar Police Station, Mumbai, are present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 22ND SEPTEMBER 2026 P. C:- 1. Heard learned counsel for applicant as well as learned APP for respondent – State. 2. The applicant has filed the instant application under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with Crime No. 600 of 2026 dated 24.04.2026, registered with Dahisar Police Station, Brihanmumbai, for the offence punishable under Sections 3 and 4 of The Dowry Prohibition Act, 1961 and Sections 3(5), 85, 115(2), 316(2) and 352 of The Bharatiya Nyaya Sanhita, 2023. 22nd September 2026 5-ABA-2630-2026.ODT 3. The FIR is registered on the basis of a report lodged by the complainant/wife of the applicant alleging that from 29th March 2010 till date the husband (this applicant) and the father-in-law and mother-in-law have acted in collusion and committed certain acts of cruelty upon her on account of demanding dowry. She has also alleged that her Stridhana articles are not returned by them. On the basis of these allegations, the offence came to be registered against three persons including this applicant and his parents. 4. Learned counsel for applicant submits that the FIR is registered by the complainant in the background of the matrimonial dispute between husband and wife and the allegations about cruelty from March 2010 are without any substantial basis. He submits that the complainant/wife has already filed a divorce petition in the year 2020 and the same is pending. As such, in the background of this matrimonial dispute the allegations of cruelty do not show commission of any offence. He submits that there is a delay of about six years in lodging the report and the allegations are leveled for causing harassment to the applicant and his aged parents. He submits 22nd September 2026 5-ABA-2630-2026.ODT considering the nature of the offence, the custody of this applicant is not warranted. 5. Learned APP for the respondent – State opposed the application and submitted that there are allegations in the FIR about demand of dowry by the applicant and other accused persons. It is also submitted that the Sessions Court has taken note of the conduct of the applicant in not disclosing the criminal antecedents and hence the application is disposed and therefore, the instant application be also rejected. 6. Perused the FIR and the documents on record. It has to be noted that the FIR is registered by the wife in the background of matrimonial dispute in between the applicant and the complainant. It has also to be noted that in the year 2020, the divorce petition is filed and the allegations of cruelty if any, are with respect to the period when they were living together. Thus, it is clear that there is substantial delay in lodging the FIR and it prima facie appears that the offence is registered to cause harassment to the applicant and his aged parents. 7. At this stage, considering the nature of offence, custodial interrogation of this applicant is not warranted and the presence 22nd September 2026 5-ABA-2630-2026.ODT of this applicant can be secured by directing him to attend the Police Station. Having regard to all above aspects, the personal liberty of the applicant needs to be protected. 8. Hence, I pass following order :- ORDER (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of this applicant in connection with Crime No. 600 of 2026, registered with Dahisar Police Station, Brihanmumbai, for the offence punishable under Sections 3, 4 of The Dowry Prohibition Act, 1961 and Sections 3(5), 85, 115(2), 316(2) and 352 of The Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount. (iii) The applicant is directed to attend the Police Station on 28th September 2026 in between 10:00 a.m. to 2:00 p.m. and thereafter as and when called upon by the investigating agency. (iv) The applicant is directed to extend co- operation during investigation and trial. 22nd September 2026 5-ABA-2630-2026.ODT (v) Breach of any of these conditions, shall be a ground for cancellation of the bail. 9. Anticipatory Bail Application is disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 22nd September 2026