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Bombay High CourtABA/722/2022allowed

Ravindra Kumar Jha v. State Of Maharashtra

2022-03-23Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.722 OF 2022 Ravindra Kumar Jha ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Ashok Kumar Dubey with Mr. Abhinav Dubey i/b. M/s. SAVJ Law Solutions for the Applicant.

Ms Rutuja Ambekar, APP for Respondent -State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 23rd MARCH, 2022.

P.C.:- 1.

This is an application under Section 438 of the Cr.P.C. filed by the Applicant for pre-arrest bail apprehending his arrest in Crime No.368 of 2019 registered with Varsova Police Station for the offences punishable under Sections 376 and 417 of the IPC.

2.

Heard Mr. Ashok Kumar Dubey, learned counsel for the Applicant and Ms Rutuja Ambekar, learned APP for the Respondent -State. Perused the records and considered the submissions advanced by the learned counsel for the respective parties.

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3.

The aforesaid crime was registered pursuant to the FIR lodged by the prosecutrix. Perusal of the FIR prima facie reveals that there was love relation between the Applicant and the prosecutrix. The alleged incident of rape is of the year 2017. The prosecutrix claims that the Applicant had forcible sexual relationship with her under the threat that he would make her nude photographs viral. This threat was allegedly given in the year 2018, whereas the FIR prima facie reveals that the FIR is lodged only after the Applicant refused to marry the prosecutrix. 4.

Considering the nature of accusation and the material in support thereof, in my considered view this case does not justify custodial interrogation. Hence, the application is allowed on the following terms and conditions:- (i) In the event of arrest of the Applicant in Crime No.368 of 2019 registered with Varsova Police Station, the Applicant shall be released on executing PR bonds in the sum of Rs.25,000/- with one or two sureties in the like amount.

(ii)The Applicant shall report to the Investigating Officer 2/3

for a period of four days from 28th March, 2022 between 11.00 a.m. to 2.00 p.m. and thereafter as and when directed by the investigating officer.

(iii) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:

2022.03.24 11:26:07 +0530 MEGHA S PARAB 3/3