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Bombay High CourtABA/327/2020allowed

Ravindra Mallapa Shirsat v. The State Of Maharashtra

2021-02-12Hon'Ble Shri Justice Prakash D. Naik2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.327 OF 2020 Ravindra Mallapa Shirsat Applicant versus The State of Maharashtra Respondent Mr.Irfan A. Shaikh for applicant.

Mrs.Veera Shine, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 12th February 2021 PC :

1.

The applicant is apprehending arrest in Crime No.23 of 2020 registered with Kolsewadi Police Station for offences punishable under Sections 376, 377, 500, 504, 506 of Indian Penal Code. 2.

Prima facie, it appears from the complaint that victim had maintained physical relationship with the applicant at her will. It further appears, an anonymous letter was addressed to the would be groom of the victim whereafter he had refused to marry the victim. After the alleged incident, the victim had filed complaint. The victim is 25 years old and was working as domestic help in the applicant' s house.

3.

The applicant was granted interim protection by order dated 13th February 2020. The applicant was directed to report the Investigating Officer.

4.

Learned counsel for applicant submits that the applicant has complied the said directions. His residential premises was searched.

2 of 2 3.ABA.327.2020.doc The cell phone of applicant has been handed over to the Investigating Officer.

5.

Learned APP submits that in the complaint it has been alleged that marriage of the complainant could not be performed as the bride groom had received anonymous letter. Learned counsel for applicant disputed the allegations.

6.

The relationship is apparently consensual. Considering the factual aspects, on certain terms and conditions, the interim order granted by this Court can be confirmed. Hence, I pass following order :

(i) Anticipatory Bail Application is allowed and disposed of; (ii) The interim order dated 13th February 2020 is confirmed; (iii) In the event of arrest of applicant in CR No.23 of 2020 registered with Kolsewadi Police Station, the applicant be released on bail on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iv) The applicant shall not tamper with evidence; (v) The applicant shall not approach the complainant and shall not cause any harassment to her.

7.

this Court. All concerned will act on production by fax or e-mail of a (PRAKASH D. NAIK, J.) MST