Arshad Farzand Ali Khan v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.331 OF 2021 Arshad Farzand Ali Khan Applicant versus The State of Maharashtra Respondent Mr.Kiran Varma i/by M/s.Rajeev Sawant & Associates for applicant. Mr.S.R.Agarkar, APP, for State.
P.I.Sanjay G. Chavan, Nirmal Nagar Police Station, present. CORAM : PRAKASH D. NAIK, J.
DATE : 30th September 2021 PC :
1.
This is an application for anticipatory bail in connection with CR No.310 of 2020 registered with Nirmal Nagar Police Station for the offences under Sections 376, 313, 420, 323 and 504 of Indian Penal Code. The FIR was registered on 12th September 2020. 2.
From the tenor of FIR, it appears that the complainant and the applicant were acquainted with each other since 2006. There was physical relationship between them. Assuming that the allegations to be true, relationship was of consensual nature. It is also alleged that accused have committed offence u/s.313 of IPC. The date of incident is not mentioned.
3.
Learned APP pointed out the observations of Sessions court, which indicate that the victim was minor at the relevant time. However, on instructions of Police Officer who had produced MANISH SURESH THATTE MANISH SURESH THATTE Date: 2021.10.04 09:53:37 +0530 documents relating to investigation, he pointed out the school
2 of 2 17.ABA.331.2021.doc leaving certificate of victim which indicate that the victim was major at the relevant time.
4.
Learned counsel for applicant in addition to aforesaid submissions, stated that complainant had alleged that she was taken to garden and assaulted on 30th May 2020. However, there are whats app chats of 30th May 2020 which shows that relationship was cordial. Learned APP, on instructions, submitted that presence of applicant is required for medical examination. Learned counsel for applicant has submitted that the applicant would make himself available before Investigating Officer for the purpose of medical examination.
ORDER
(i) Anticipatory Bail Application is allowed and disposed of; (ii) Interim order dated 5th February 2021 is confirmed; (iii) In the event of arrest of applicant in CR No.310 of 2020 registered with Nirmal Nagar Police Station, Mumbai, 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 appear before Investigating Officer on 4th, 5th and 6th October 2021 between 11 am and 1 pm, and shall cooperate in his medical examination; (v) The applicant shall not tamper with evidence; (vi) The applicant shall not approach the complainant or intimidate her in any manner.
(PRAKASH D. NAIK, J.) MST