Ganesh Bhagwan Bhosale v. The State Of Maharashtra

ABA 508-18.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 508 OF 2018 Ganesh Bhagwan Bhosale .Applicant Vs.

The State of Maharashtra .Respondent Mr. Nilesh Tribhuvan a/w Ms Asna Patel, Advocate, for the Applicant Mr. S. R. Agarkar, APP, for the Respondent - State Ms Sutar, PSI, Bibwewadi Police Station, Pune

CORAM

:

SMT. SADHANA S. JADHAV, J.

DATE :

02.07.2018 P.C.

.

Heard learned counsel for the Applicant and the learned APP for the Respondent - State.

2.

This is an Application under Section 438 of the Code of Criminal Procedure. The Applicant herein is apprehending his arrest in C. R. No. 55 of 2018, registered at Bibwewadi Police Station, Pune, on 19.02.2018, for the offences punishable under Sections 376, 506, 323 & 504 of the Indian Penal Code.

3.

Perused the papers of investigation.

ABA 508-18.doc 4.

It appears from the papers of investigation that the first informant is a married woman. That she was a divorcee on the account of the fact that she was diagnosed with HIV +ve. It also appears that there were intimate relations between the present Applicant and the first informant and they had consensual sex. It is alleged that on 25.05.2012, the first informant had conceived pregnancy and that she was forced to undergo termination of pregnancy by the present Applicant. The report is lodged on 19.02.2018. It also appears that for some time, the Applicant and the first informant were in live-in relationship. 5.

In view of the above circumstances, the interim relief granted vide Order dated 15.03.2018 deserves to be confirmed on the same terms and conditions. The Application is allowed and stands disposed of.

(SMT. SADHANA S. JADHAV, J.)