Ishwar Prakash Lavand v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1410 OF 2023 Ishwar Prakash Lavand .... Applicant

Versus

The State of Maharashtra .... Respondent .....

Mr.Manas Gawankar, Advocate for Applicant.

Mr.P.N. Dabholkar, APP for Respondent - State. WAPI Smita Suravase, Khadakpada Police Station, Kalyan, District - Thane, present.

.....

CORAM

:

RAJESH S. PATIL, J.

VACATION COURT DATED :

MAY 10, 2023 P.C. :

RAJESHRI PRAKASH AHER This is an Anticipatory Bail Application fled by Applicant RAJESHRI PRAKASH AHER Date: 2023.05.11 15:26:23 +0530 in connection with C.R.No.163 of 2023, registered with Khadakpada Police Station, Kalyan, District-Thane, for the offence punishable under Section 376, 376(2)(n) and 406 of the Indian Penal Code ("IPC", for short). It is the case of the Applicant that a false FIR ("FIR", for short) has been lodged against him. It is case of the Applicant that in the complaint it has been stated that the complainant met applicant through Facebook and became a good friend and thereafter developed a relationship. However, afterwards certain allegations are made against Applicant. It is also alleged that Applicant had borrowed sum of Rs.1,00,000/- (Rs.One Lakh only) from the complainant on different occasions. It is also stated that a

2/3 21 aba 1410 of 2023.odt false promise to marry was made by Applicant and later the Applicant backed out and did not wish to marry the complainant. The complainant had approached the police and had lodged FIR on 17th April 2023.

Hence, Applicant fled an Application, i.e., Criminal Anticipatory Bail Application No.625 of 2023 before the Additional Sessions Judge, Kalyan. The said Anticipatory Bail Application was rejected on 2nd May 2023 by the Additional Sessions Judge, Kalyan. Ms.Dabholkar, APP states that looking into the allegations made in the FIR, Applicant may be, release on bail by imposing certain conditions on him.

I am satisfed that a prima facie case is made out to grant pre arrest bail to Applicant since his custody for interrogation is not necessary as of now.

In view of the above, present Anticipatory Bail Application is allowed on the following terms and conditions: :: O R D E R ::

(i) In the event of arrest of the Applicant in connection C.R.No.163 of 2023, registered with Khadakpada Police Station, Kalyan, District-Thane, under Section 376, 376(2)(n) and 406 of the IPC, he be released on bail on

3/3 21 aba 1410 of 2023.odt furnishing P.R. Bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand only) with one or two sureties in the like amount;

(ii) Applicant shall appear before the investigating offcer on 15th May 2023 (Monday) and 16th May 2023 (Tuesday) between 11:00 a.m. to 01:00 p.m., for the purpose of interrogation;

(iii) Applicant shall inform the investigating offcer his current residential address and mobile contact number and/or change of residence or mobile number details, if any, from time to time;

(iv) Applicant shall not contact the complainant and other witnesses or tamper with the evidence, in any manner; (iv) Anticipatory Bail Application is disposed of in above terms.

(RAJESH S. PATIL, J.)