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Bombay High CourtABA/686/2019anticipatory bail granted

Rohit Anil Singh v. The State Of Maharashtra

2019-03-19Hon'Ble Shri Justice A.S. Gadkari3 pages

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 686 OF 2019 Rohit Anil Singh ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Navin Shrivastava for the Applicant.

Mr. Ajay Patil, APP for State.

Mr. Sanjaydutta O. Gupta for Intervener.

CORAM : A.S.GADKARI, J.

DATE : 19th March 2019.

P.C.:

1] The applicant is apprehending arrest in CR No. 43 of 2019 dated 25th January 2019 registered with Kurar Police Station, Mumbai under Sections 354-B, 354-D and 506 of the Indian Penal Code. 2] Heard the learned counsel for the applicant and the learned APP. Perused the record of investigation.

3] The prosecutrix is aged about 20 years. In the first information report, the prosecutrix has stated that, she was having relationship with the applicant and the applicant expressed his one sided love with her. It is sated that, the applicant caused undue harassment and also took some 1/3

photographs of the intimate movements between them. When the prosecutrix refused to continue with the said relations, it is alleged that, the applicant circulated the phtographs of intimate movements on social media. The said photographs were noticed by the brother of the prosecutrix and thereafter the present crime is registered.

4] Perusal of the record of investigation would indicate that, the mobile phone from which the applicant had taken the alleged photographs has been seized by the police by effecting panchanama dated 25th February 2019.

5] After taking into consideration the peculiar facts of the present case and the allegations made against the applicant, this Court is of the view that the custodial interrogation of the applicant for further investigation of the present crime is not necessary and the applicant can be protected by pre-arreset bail.

Hence, the following Order:- (i) In the event of arrest in CR No. 43 of 2019 registered with Kurar Police Station, Mumbai, the applicant shall be released on bail on his furnishing PR bond in the sum of Rs.25,000/- with one or two solvent local sureties in the like amount;

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(ii) The applicant shall attend the Investigating Officer on 27th , 28th and 29th days of March 2019 between 11.00 a.m. to 2.00 p.m. and to join the process of investigation;

(iii) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

6] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3