Saudagar @ Rajendra Suryakant Ghalake v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 550 OF 2020 Saudagar @ Rajendra Suryakant Ghalake ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr. Amit Icham a/w. Mr. Aniket Nikam a/w. Mr. Ashish Satpute i/b. Mr. Vivek N. Arote, for the Applicant.

Mr. Y. Y. Dabke, APP for the Respondent / State. ---- MAMTA AMAR KALE by MAMTA AMAR KALE Date:

2022.02.15 14:56:32 +0530 CORAM : C.V. BHADANG, J.

DATE : 14 FEBRUARY 2022 P.C.

.

The Applicant, apprehending arrest, in connection with investigation of Crime No.105/2020, of Police Station Karmala, District Solapur (Rural), under Section 376-D, 354, 324, 363, 504, 506, 143 and 147 r/w. Section 149 of IPC, is seeking anticipatory bail.

2.

Heard the learned counsel for the parties. Perused record. 3.

The FIR in this case was lodged on 7 February 2020. This Court, while granting interim protection to the Applicant on 5 Mamta Kale page 1 of 3

March 2020, has observed that the allegations in so far as offence under Section 376-D and 354 of IPC are not attributed to the present Applicant. This Court has also found that prima facie the allegations against the present Applicant are only regarding criminal intimidation i.e. under Section 504 and 506 of IPC. In that view of the matter, the interim protection was granted to the Applicant on 5 March 2020 which is operating for a period of close to two years now.

4.

Learned APP states that the investigation is at a concluding stage. In that view of the matter and particularly, having regard to the fact that this Court has already found that the Applicant is not attributed with the allegation of an offence under Section 376-D and 354 of IPC, the following order is passed.

ORDER

(i) The Criminal Application is disposed of, in terms of the order dated 5 March 2020, subject to the condition that the Applicant shall continue to report to the concerned Police Station, once in a month and as and when required, till filing of the chargesheet. (ii) The Applicant shall not directly or indirectly make any attempt to contact the informant or any other prosecution witnesses and shall not otherwise tamper with the prosecution evidence.

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(iii) The Applicant shall not enter the jurisdiction of the concerned Police Station, except for attendance. C.V. BHADANG, J.

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