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Bombay High CourtABA/402/2022allowed

Laxman Tanaji More v. The State Of Maharashtra

2022-02-15Hon'Ble Shri Justice C.V. Bhadang3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 402 OF 2022 Laxman Tanaji More ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr. Sachin M. Bhavar, for the Applicant.

Mr. R. M. Pethe, APP for the Respondent / State. PHC / B. No.76 Markad Tembhurni Police Station, Solapur (Rural). ---- MAMTA AMAR KALE by MAMTA AMAR KALE Date:

2022.02.16 17:37:52 +0530 CORAM : C.V. BHADANG, J.

DATE : 15 FEBRUARY 2022 P.C.

.

The Applicant, apprehending arrest, in connection with investigation of Crime No.51/2022 of Police Station Tembhurni, District Solapur (Rural), under Section 365, 504 and 506 of IPC, is seeking anticipatory bail.

2.

The aforesaid crime is registered on the basis of the complaint lodged by the victim girl on 20 January 2022. The victim is aged about 20 years. According to the first informant, the Applicant had kidnapped her on 31 December 2021, at about 11.30 p.m. on the Mamta Kale page 1 of 3

point of knife and had taken her to Pune where both of them had stayed at Chakan at the house of maternal aunt of the Applicant. According to the first informant, on 17 January 2022, she managed to contact her brother and informed her address at Chakan Pune whereupon his brother came and the Applicant fled from the house. Subsequently, the police came and rescued the informant and she has presently returned to her parents.

3.

Heard the learned counsel for the parties. Perused record. 4.

Prima facie, it appears that the victim who is a major girl had voluntarily accompanied the Applicant to Pune. There are What's App messages exchanged between the parties which indicate that they had together decided to elope from the house. Considering the fact that the victim had voluntarily accompanied the Applicant and she was not harmed and has now returned to her parents, the following order is passed.

ORDER

(i) In the event of his arrest, in connection with investigation of Crime No.51/2022 of Police Station Tembhurni, District Solapur (Rural), 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.

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(ii) The Applicant shall report to the Investigating Officer on 21/2/2022 and 22/2/2022 between 11.00 a.m. to 1.00 p.m. and as and when required.

(iii) The Applicant shall not directly or indirectly make any attempt to contact the victim or any other prosecution witnesses.

(iv) The Applicant shall not enter the jurisdiction of Tehsil Madha, District Kolhapur and shall not otherwise tamper with the prosecution evidence. (v) The Criminal Application is disposed of, in the aforesaid terms.

C.V. BHADANG, J.

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