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Judgment
Sandeep K. Shinde, J
Heard Mr. Pandey, learned Counsel for the applicant and Mrs. Deshmukh, and learned APP for State.
Apprehending arrest in connection with Crime No.73/2021 registered with Turbhe Police Station for the Rane 2/4 ABA-1346-2021 (SR.14)
4June,2021 offences punishable under Sections 498A, 323, 506 read with Section 34 of the Indian Penal Code, the applicant seeks pre-arrest bail.
At the outset, it may be stated that, on 7 th May, 2021 the Apex Court in Suo-Moto Writ Petition No.1/2020 (In Re : Contagion of Covid-19 Virus
(petitioner) in Prison) was pleased to issue and suggest measures to control and limit the authorities from arresting the accused by relying the
guidelines issued in the case of Arnesh Kumar V/s. State of Bihar ((2014) 8 SCC 273).
Learned APP seeks time to verify whether the guidelines have been followed by the State.
Admittedly, in this case, the offence is registered under Section 498A which is punishable with imprisonment for a term which may extend to three
years.
Mr. Pandey, learned Counsel for the applicant submits that, applicant has instituted a petition in December, 2019 for dissolution of marriage.
Submission is that, thereafter subject crime came to be registered at the instance of his wife.
In consideration of the facts of the case, the applicant to implead the wife as respondent no.2 within a week from today. The Registry shall issue
notice to the added respondent. Notice is made returnable on 30 th June, 2021.
In the meantime, in the event of arrest of the applicant in Crime No. 73/2021 registered with Turbhe Rane 4/4 ABA-1346-2021 (SR.14) 4June,2021
Police Station, he shall be released on bail on executing P.R. bond for the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or more
sureties in the like sum.
The applicant shall join the investigation as and when required by the Investigating Officer.
The applicant shall given particulars and contact details to the Investigating Officer on/or before 7 th June, 2021.
The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the
case.
List the application on 30th June, 2021 for further consideration.