Ganesh Ramchandra Nanekar v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1371 OF 2022 Ganesh Ramchandra Nanekar ..

Applicant SNEHA NITIN CHAVAN

Versus

The State of Maharashtra ..

Respondent ...

by SNEHA NITIN CHAVAN Date: 2022.05.25 12:27:06 +0530 Mr. Shailesh Chavan for the Applicant.

Mr. H.J. Dedhia, APP for the Respondent/State. CORAM : BHARATI DANGRE, J.

DATED : 24th MAY, 2022 (VACATION COURT) P.C:- 1.

The Applicant is apprehending his arrest in CR No. 280 of 2021 registered with Alandi Police Station, District Pune invoking Section 323, 424, 504, 506 of IPC and Section 25/4 of the Arms Act. The FIR being lodged by the complainant on 17.12.2021 referred to the events commencing from 01.01.2019 to 22.10.2021.

A longish FIR filed by the complainant reflect that she was estranged from her husband and came to be acquainted with the present Applicant through Facebook chatting. The duo developed intimacy and at one point of time, the complainant narrated, that there was a marriage performed privately. The

2/3 20 aba 1371-22.doc complainant also alleged that she rendered financial assistance to the Applicant's mother for releasing him on bail when he was arrested in one of the offence. They shared a proximate relationship, which subsequently turned sour and she separated from the Applicant and started residing at a different place. Narrating about an incident dated 22.10.2021, the complainant alleged that the Applicant came to her house and abused her and he also threatened her and assaulted her. She responded by stating that she was duped into a relationship which was not fruitful.

2.

The aforesaid incident is the basis of CR in question registered on 17.12.2021, in which the Applicant is apprehending his arrest.

3.

The learned APP has placed on record the details of five crimes which have registered against the Applicant, four in Chakan Police Station and one in Khed Police Station invoking Section 307, 353, 326 and 324 of IPC etc. No doubt the aforesaid offences reflect upon the antecedents of the Applicant. However, as far as the present case is concerned when the accusations are carefully perused, the only allegation that has been leveled by the complainant is that the Applicant threatened her and abused her. For this trivial allegation, in this offence, he cannot be denied protection, subject to the stipulation that if he

3/3 20 aba 1371-22.doc further indulges with the complainant in any unlawful manner, the protection shall stand withdrawn. Hence, the following order:

ORDER

(a) In the event of his arrest, the Applicant shall be released on bail in CR No. 280 of 2021 registered with Alandi Police Station, Pune, on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(b) He shall report to the concerned police station on every Thursday between 10.00 a.m. to 2.00 p.m. for a period of four weeks and thereafter, as and when directed.

(c) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(d) The criminal application is disposed of.

( SMT. BHARATI DANGRE, J.)