Shivaji Ramakant Jadhavar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 288 OF 2022 Shivaji Ramakant Jadhavar ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr. Nitesh Mohite i/b. Mr. Sachin T. Zalte, for the Applicant. Ms. M. R. Tidke, APP for the Respondent / State. PN 1254 L. M. Patil, Dighi Police Station, Pimpri Chinchwad. ---- by MAMTA AMAR KALE Date:

2022.02.03 19:20:36 +0530 MAMTA AMAR KALE CORAM : C.V. BHADANG, J.

DATE : 3 FEBRUARY 2022 (Through Video Conferencing) P.C.

.

The Applicant, apprehending arrest in Crime No.308/2021 of Police Station Dighi, Pune, under Section 366, 342, 406 and 506 r/w. 34 of IPC, is seeking anticipatory bail. 2.

The prosecution case, as disclosed from the complaint lodged by Varsha Dadasaheb Bangar, is as underThe Applicant is the brother of Pratiksha Jadhav who is a friend of the victim. The victim got acquainted with the Applicant in the marriage of Pratiksha Jadhav. At the relevant time, the victim was 18 years of age, her date of birth being 26 January 2003. The Mamta Kale page 1 of 3

material allegation is that on 16 July 2021, Pratiksha Jadhav phoned the victim inviting her for going out on 17 July 2021 and asked the victim to come to Indapur with an Aadhar Card and a photo. On 17 July 2021, at about 11.00 a.m., the victim accompanied an unidentified person on a two wheeler who was allegedly sent by Pratiksha Jadhav and from Indapur Bus Stand, she accompanied the Applicant to Narsobachi Wadi where she claimed that she was confined in a room ('Mangal Karyalay'). On 18 July 2021, at about 7.00 a.m., the Applicant asked her to marry him which she refused. However, the Applicant obtained a marriage certificate after forcible taking signature of the victim. After the parents of the victim got knowledge, she was rescued. The father of the victim asked for the marriage certificate from the Applicant on 10 August 2021, when he refused to part with the same and threatened that he would circulate the photographs of the alleged marriage ceremony. On such complaint being lodged, offence came to be registered which is under investigation.

3.

I have heard the learned counsel for the Applicant and the learned APP. Perused record.

4.

Prima facie, there are no allegations of the Applicant having caused any harm or violence to the victim, much less having sexually abused the victim under the pretext of marriage. The victim has Mamta Kale page 2 of 3

returned to her parents. In such circumstances, learned APP submitted that the Applicant may be directed to report to the Investigating Officer. Hence, the following order.

ORDER

(i) In the event of his arrest, in connection with investigation of Crime No.308/2021 of Police Station Dighi, Pune, the Applicant be released on bail, on executing a P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount. (ii) The Applicant shall report to the Investigating Officer on 9/2/2022, 10/2/2022 and 11/2/2022 between 11.00 a.m. to 1.00 p.m. and as and when required by the Investigating Officer and shall cooperate with the Investigating Agency.

(iii) The Applicant shall not directly or indirectly make any attempt to contact the victim or any of her relatives and shall not otherwise tamper with the prosecution evidence/witnesses.

(iv) The Criminal Application is disposed of, in the aforesaid terms.

C.V. BHADANG, J.

Mamta Kale page 3 of 3