Sandesh Ashok Talekar v. State Of Maharashtra

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2022.11.25 20:29:05 +0530 URMILA PRAMOD INGALE BAIL APPLICATION NO. 598 OF 2022 Shri Sandesh Ashok Talekar ..Applicant vs.

State of Maharashtra .

..Respondent Mr. Amit D. Sale a/w Mr. Tukaram Shendge, for applicant. Ms. P.N.Dabholkar, APP for respondent-State.

Mr. Sagar Chavan, PSI Mahatma Phule Chowk, Kalyan present.

CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 25, 2022 P.C. :

1.

Heard learned counsel for the applicant.

2.

This is an application for bail in connection with C.R. No. 635 of 2021 registered with Mahatma Phule Chowk Police Station for the offence punishable under sections 376, 470 of the Indian Penal Code, 1860 ("IPC", for short). 3.

It is alleged that the complainant was residing in Kalyan since 2012 along with her mother and brothers. It is further alleged that the complainant became friendly with the applicant sometime in 2009. The applicant assured the

complainant that he would marry her. The parties had physical relations. It appears that the applicant got married in December 2020. The applicant assured that he would seek divorce and marry the complainant. The FIR was lodged on 17/09/2021. The investigation is complete. The application is co-operating with the investigation. The charge-sheet has been filed.

4.

From the version of the prosecution it appears that the parties were in consensual relationship. The FIR is filed much after the applicant solemnized his marriage which fact was to the knowledge of the complainant. The trial is not likely to commence in the near future. The applicant is in custody for almost one year and two months. The applicant is therefore entitled to be released on bail. Hence, the following order.

O R D E R

(a) The application is allowed.

(b) The applicant - Sandesh Ashok Talekar in connection with C.R.No. 635 of 2021 registered with Mahatma Phule Chowk Police Station shall be released on bail on furnishing

P.R.bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant should not tamper with evidence.

(d) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer of Mahatma Phule Chowk Police Station and shall keep him updated, if there is any change.

(e) The applicant shall attend the concerned Police Station once in a month on every Monday of the first week between 11.00 a.m.

and 1.00 p.m.

(f) The applicant shall not establish contact with the complainant.

4.

The application is disposed of.

(M. S. KARNIK, J.)