This is bail application filed by applicant Vijay Mallanna
Allovalla u/s.438 of Cr.P.C. in respect of C.R.No.I323/2021 registered
at Bhiwandi City police station u/s. 498A, 377, 323, 504,& 506 r/w 34
of Indian Penal Code.
Prosecution story, in brief, is as under :
The complaint is filed by the complainant namely; Arpita
Vijay Allovalla resident of Padmanagar, Bhiwandi, on 11/09/2021. As
per her complaint, she married with the applicant on 27/05/2010. At
the time of marriage, gold ornaments and cash was given by her
parents. She blessed with a female child on 08/05/2011 but the inlaws
were not happy with this. They made demand of Rs. 10 Lac as a dowry.
Rs. 2 Lac were given by complainant's father and shown inability to
fulfill remaining demand. She was not taken back after delivery for
three months. Then on negotiations, she returned to her inlaws. But
after some period, illtreatment was started. She was abused by her
husband, motherinlaw and other members in the family. Her husband
was keeping unnatural relations with her and used to show
pornography videos to her and was expecting from her to act
accordingly. Again she returned to her parents, again meeting was
taken place and this was going on repeatedly. Then, she went to
maternal home on 08/04/2019. Her streedhan articles were retained by
her inlaws. Lastly she lodged complaint and on its basis, aforesaid
crime is registered.
The applicant moved this application for bail on grounds
mentioned in application. I.O. and A.P.P. opposed application with
submission that the offence is serious, accused is absconded, he has not
cooperated in investigation, his medical examination is necessary,
detail investigation is to be done.
I heard the submissions of Ld. Counsel Shri P.R. Pandey for
applicant and Ld. A.P.P. Ms. Mhatre for the State. Perused diary.
Ld. Counsel for the applicant argued that there is delay of
three years in lodging the complaint. No prompt complaint was lodged
even after alleged continuous harassment, nothing is to be recovered. It
is submitted that the applicant have filed divorce petition, and
therefore, now the complainant have filed this false complaint. She has
received regular amount for expenditure from the applicant. The
applicant is ready to cooperate in investigation and custodial
interrogation is not necessary.
Ld. A.P.P. argued that recovery or ornaments is to be done,
detail investigation is necessary and custody is required.
The allegations regarding illtreatment about physical and
mental and demand of dowry and though the complainant mentioned
certain instances in complaint, she left home in 2019 but lodged
complaint after considerable delay. She mentioned about keeping
ornaments by her inlaws and for recovery purpose custody is shown
required by the I.O. The allegations regarding unnatural intercourse are
levelled coupled with showing porn videos. The medical examination is
also shown necessary but the incident happened long back. Considering
the allegations on record and the delay caused, the nature of allegations
levelled by the complainant, in my view, this is a case to be considered
for grant of anticipatory bail subject to condition of cooperation in
investigation, deposit of mobile instrument to police, regular attendance
for investigation and for medical examination. Hence, the following
O R D E R
Anticipatory bail application is allowed.
In the event of arrest, the applicant Vijay Mallanna Allovalla in
respect of C.R.No.I323/2021 registered at Bhiwandi City police station
u/s. 498A, 377, 323, 504,& 506 r/w 34 of Indian Penal Code be
released on bail on his executing P.B. & S.B. of Rs.20,000/ with one or
two sureties of like amount.
The applicant shall attend the concerned police station on every
Tuesday from 9.00 a.m. to 12.00 noon for three weeks and shall cooperate in investigation.
The applicant shall also submit himself for medical examination if
asked by I.O.
The applicant shall also submit his mobile instrument to I.O. for
The applicant shall not pressurize and threaten witnesses.