ABHIJEET RAJESH KOTHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending his arrest in connection with Crime No.251/2020 registered with Nagar Taluka Police Station, Dist. Ahmednagar for the offence punishable under Section 307, 323, 504, 506 read with Section 34 of the Indian penal Code.

(2.) Heard learned Advocate Mr. N.S. Ghanekar for the applicant and learned APP Mr. A.M. Phule for State.

(3.) It has been vehemently submitted on behalf of the applicant, that the informant is posing as the wife of the applicant, however, the applicant is denying any such marriage between him and the informant. Many cases have been registered by the informant against the present applicant, who is a practicing lawyer. In fact, the informant has withdrawn cases after compromise also and she has even levelled the allegations of offence punishable under Section 376 of the Indian Penal Code against him. He has been discharged from that offence earlier also. There was offence under Section 307 and 354 of the Indian Penal Code registered against him but he has been acquitted. In another case filed for the offence punishable under Section 354 of the Indian Penal Code, the police have filed 'B' summary report. Informant is searching for an opportunity to harass the applicant. Informant is also a practicing lawyer at Ahmednagar and knows all the consequences of her acts. With such background, that the applicant is acquitted or discharged, it was highly improbable that any such, even as narrated in the FIR, would have taken place. The FIR says, that there was stock between the informant and the applicant in the Court premises and applicant had called her to the farm house, which is in fact, about 20-22 k.ms. away from Ahmednagar. According to the informant, she went alone at the said place. Applicant and his father were present. At the instigation of applicant it is stated, that the applicant had assaulted the informant. The contents of the FIR do not attract offence punishable under Section 307 of the Indian Penal Code with the background that the informant is harassing the applicant. The liberty of the applicant need not be curtailed. He, therefore, prayed for anticipatory bail to the applicant.