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Bombay High CourtABA/1111/2023disposed off

Ostin Adward v. State Of Maharashtra

2023-05-02Hon'Ble Shri Justice N. R. Borkar2 pages

29-aba-1111-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1111 OF 2023 Ostin Adward ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Aabad Ponda, Sr. Advocate a/w. Mr.Kartik Garg, Mr. Ativ Patel, Mr. Harshad Vyas i/b AVP Partners for the Applicant. Mr. A.A. Palkar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

02.05.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.37 of 2023 registered at Samarth Police Station, Pune for the ofences punishable under Sections 354, 452, 504 and 506 of the Indian Penal Code.

3.

I have heard the learned Senior Counsel appearing for the applicant and the learned APP for the respondent / State. 4.

The allegations against the applicant are of outraging the modesty of the victim.

5.

I have perused the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. It appears from Dinesh S. Sherla 1/2

29-aba-1111-23.doc her statement that she had taken personal loan of Rs.6 lakhs from the Bajaj Finance Limited and failed to repay the said loan. According to the victim, herself, she met the present applicant, who is working as Cluster Manager with the Bajaj Finance Limited for one time settlement of the loan taken by her. The FIR came to be lodged only after rejection of settlement proposal by the present applicant.

6.

Apart from above, there appears to be delay in lodging the report. Considering the overall facts and circumstances and as there appears to be no need of custodial interrogation, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 37 of 2023 registered at Samarth Police Station, Pune for the ofences punishable under Sections 354, 452, 504 and 506 of the Indian Penal Code, the applicant be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C) The applicant shall attend the concerned police station as and when called by the Investigating Ofcer and shall cooperate in the investigation.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2