BHARAT SHANTILAL SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for anticipatory bail filed by one Bharat Shah and Milind Bharat Shah, original accused no.2 and original accused no.1 respectively.

(2.) THE applicants alongwith original accused no.3 Smt. Urvashi Bharat Shah are charged for offences u/s 498-A, 323, 506 r/w 34 I.P.C. and Section 4 of Dowry Prohibition Act, 1961, vide C.R.No.138 of 1997, registered at Daman Police Station. It appears that an application being Criminal Miscellaneous Application No.14 of 1997 was preferred in the Court of District & Sessions Judge of Daman & Diu for grant of anticipatory bail by all the accused. By his Judgment and Order dated 12th September, 1997, the learned District & Sessions Judge rejected the anticipatory bail application of the present applicants. He, however, granted bail to Smt. Urvashi Bharat Shah, original accused no.3.

(3.) IT is the case of the prosecution that the applicant no.2 i.e. original accused no.1 was married to the complainant Smt. Kaushika on 31st January 1997 at Daman. The complainant is working as a School Teacher in Government High School, Moti Daman. Applicant no.1 is conducting a residential hotel at Nani Daman and applicant no.2 is helping him.