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ORDER BELOW EXH. 1 IN

CRIMINAL BAIL APPLICATION NO. 2492/2021
Sharaddha Ganesh Sonawane
Vs.
State of Maharashtra (Through Khadak Police Station)
(CNR NO. MHPU01­006351­2021)

1] This application is filed under Section 438 of Cr.P.C seeking order of

anticipatory bail in connection with C. R. No. 168/2021 registered at Khadak police
station, Pune for offence punishable under Sections 376[2][n], 420, 406, 504, 506
r/w 34 of the IPC.
2] It is the case of the prosecution that the complainant does tailoring
business. Due to estranged relations with her husband, she lives with her mother.
Since 2012 to 2014 she was running a tailoring shop at Bizzy land, 5 th floor, Laxmi
Road, Pune. It is the case of the prosecution that the applicant used to get stitch her
blouses in complainant's shop. Due to this, her husband also got acquainted with the
complainant. In January 2014 the applicant suggested that she should take a block
at main road. She also assured that she would help her. Accordingly, in 2016 the
applicant rented premises for the shop, did agreement in her name and also took
license under Shop Act. It is the case of the complainant that within a year the
complainant paid the amount invested by applicant. Thereafter, in the year 2018
the applicant borrowed some money from the complainant. The complainant denied
to give any money. Therefore, the applicant and her husband started to abuse her.
At that time, husband of the applicant forcibly kept physical relations with the
complainant. Thereafter, he started blackmailing her and from time to time took Rs.
5,60,000/­ from her. It is the case of the prosecution that the applicant has also
taken a gold necklace weighing 3.5 tolas from the complainant and misappropriated
it. Hence, the complaint is given and C. R is registered.
3] It is the case of the applicant that the C. R. is for offences punishable
under Section 376[2][n], 420, 406, 504, 506 r/w 34 of the IPC. The main allegations
are against the husband of the applicant. He is arrested. There is nothing to be
recovered from the applicant. She is a local resident. The only allegations against the
applicant is that she took a gold necklace from the complainant and misappropriated
it. The applicant is ready to abide by terms and conditions. Considering her part in
the alleged offence, custodial interrogation is not necessary and hence, protection be
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granted to her.
4] Ld. APP has argued that there are allegations under Section 376[2][n]
of the IPC. There are allegations that the applicant has also deceived the complainant
and misappropriated the amount. Ld. APP has further argued that there are specific
allegations that the applicant took gold necklace from the complainant. Considering
the nature of the offence, protection should not be granted.
5] Ld. Advocate has argued that the applicant is local resident.
Considering the FIR, it is seen that the main allegations are against the husband of
the applicant. He was arrested and also granted PCR. His custody was sought for
recovery of amount, recovery of loan documents and seizure of mobile. At present he
is in judicial custody. The allegations against the present applicant are that she took
gold necklace from the complainant. The applicant is ready to abide by terms and
conditions. Her young children are dependent on him. Considering the facts and
circumstances, protection be granted.
6] Heard both the Ld. Advocates. Perused application as well as police
papers.
7] On perusal of FIR, it is seen that there are serious allegations regarding
Section 376[2][n] as well as Section 420 of the IPC against the husband of the
applicant. It is alleged that he forcibly kept physical relations, blackmailed the
complainant and forced her to give him the money. On perusal of the police papers,
it is seen that the role of applicant is she asked help of complainant to release her
husband from jail. It is seen that the complainant gave her gold necklace to the
applicant as applicant told her that unless her husband comes out of the jail, she
cannot get her money back. It is seen that the husband of the applicant was arrested
in the C. R. and also PCR was granted to him. Considering the role of applicant , it is
seen that nothing is to be recovered or discovered from her. The main allegations are
against her husband only. The applicant is ready to furnish bail and abide by all the
terms and conditions. Considering the allegations against her, it would be proper to
grant protection to her on certain stringent conditions. Hence, I proceed to pass
following order.
ORDER
1] Application Exh 1 is allowed.
2] Applicant is granted anticipatory bail in connection with CR No.
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168/2021 registered with Khadak Police Station under Sections 376[2][n],

420, 406, 504, 506 r/w 34 of the IPC of the IPC and she be released on
execution of P.B. in the sum of Rs.15,000/­ with one surety of the like
amount.
3] The applicant shall attend police Station on every Saturday
between 11­30 a.m. to 3­30 p.m. till filing of the chargesheet and otherwise
whenever required by the I.O. in writing.
4] The applicant shall not tamper with the evidence and shall not
pressurize the witnesses in any manner.
5] The applicant shall not, directly or indirectly, make an
inducement, threat or promise to any person acquainted with the facts of the
accusation against her so as to dissuade them from disclosing such facts to the
Court or to any police officer.
6] The applicant shall not leave India without written permission of
the investigating officer.
7] The applicant shall at the time of execution of the bond, furnish
her address and mobile number to the Investigating officer, and shall inform
the change in residence if any.
8] Inform concerned police Station.

Sd/xxx
Date : 04/08/2021 (V. A. Patravale)
Additional Sessions Judge, Pune.
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CERTIFICATE

“ I affirm that the contents of this PDF file are word to word as per the
original order.”

Name of the Steno : Smt. R. S. Urde (Grade I)

Name of the Court : Smt. V. A. Patravale
Adhoc District Judge 4 &
Additional Sessions Judge, Pune

Date of Order : 4­8­2021

Order signed by PO on : 5­8­2021
Order uploaded on : 5­8­2021