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Bombay High Court

VICKY ANANDversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that, given the matrimonial nature of the dispute, the applicant’s cooperation and the existing interim protection order, anticipatory bail under section 438 CrPC was warranted.

Summary

The husband filed an anticipatory bail application under section 438 of the CrPC in connection with FIR No. 642 of 2024 alleging offences including cruelty (498-A), assault (323), criminal breach of trust (420), forgery (468) and others. The wife alleged physical and mental cruelty, theft of golden ornaments and forgery of her signature to book a flat in the husband’s name. The husband contended that the allegations were baseless, the flat booking was cancelled, and he had cooperated with the investigation, also relying on an interim protection order dated 27 November 2024. The State opposed bail, emphasizing the seriousness of the allegations but did not dispute the interim protection. The court observed that the dispute stemmed from matrimonial discord, the alleged forgery was linked to the marital quarrel, and the applicant had been under interim protection for over a year while cooperating with authorities. Consequently, the court confirmed the interim protection and granted anticipatory bail on condition of a personal bond and surety, directing the applicant to continue cooperating and not tamper with evidence.

Issues considered

  • Whether anticipatory bail should be granted under section 438 CrPC for the offences alleged in FIR No. 642 of 2024.
  • Whether the existence of an interim protection order influences the grant of anticipatory bail.
  • Whether the nature of the allegations (cruelty, theft, forgery) warrants denial of bail.
  • Whether the applicant’s cooperation with the investigation affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • section 438 CrPC
  • IPC offences
  • domestic violence
  • cruelty
  • forgery
  • cooperation with investigation
  • interim protection order

Judgment

                                                  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   : 10TH 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



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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

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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

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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 24 th

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

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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:

                       ::ORDER::


        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.



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        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.)




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