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Bombay High CourtABA/300/2023disposed off

Rahul Waman Bandewad v. State Of Maharashtra

2023-02-28Hon'Ble Shri Justice N. R. Borkar2 pages

27-ABA-300-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 300 OF 2023 Rahul Waman Bandewad ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Raju Suryawanshi for the Applicant.

Ms. Veera Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 28 FEBRUARY 2023 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 434 of 2022 registered at Chandwad Police Station, Nashik for the offence punishable under Section 376 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

The prosecutrix has filed Affidavit dated 31 January 2023. In the said Affidavit, the prosecutrix has stated that she has no objection if the anticipatory bail is granted to the present applicant. Apart from it, prima Kanchan P Dhuri 1 / 2

27-ABA-300-2023.odt facie, the alleged act appears to be consensual. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the present applicant. In the result, the following order is passed : (i) Application is allowed.

(ii) In the event of arrest of the applicant - Rahul Waman Bandewad in Crime No. 434 of 2022 registered at Chandwad Police Station, Nashik for the offence punishable under Section 376 of Indian Penal Code, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount, subject to deposit of an amount of Rs.50,000/- by the parties with Mumbai Police Welfare Fund, A/C : 465010100008693, IFSC Code No. : UTIB0000465, within three weeks from today.

(iii) List the present application on 23 March 2023 for compliance.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.02.28 19:24:46 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2