Ravindra Rambadan Chauahn v. The State Of Maharashtra

1 /2 31-ABA-965-18 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 965 OF 2018 Ravindra R.Chauhan vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. A. Siddiquie i/by A.A.Siddiquie & Associates for the Applicant.

Mrs. A. A. Takalkar, APP for the Respondent-State. Ms. Seema Pandya with Ms. Neelam Ghorpade for the Complainant.

CORAM :A.S.GADKARI, J.

DATE : 15th June, 2018 P.C.

1.

By an Order dated 11.5.2018 the applicant was granted interim relief.

2.

Heard the learned counsel for the applicant, learned counsel for the first informant and the learned APP. Perused the record.

3.

The prosecutrix was aged about 25 years on the date of the alleged incident as contemplated under Section 376 of the Indian Penal Code. It is the case of the prosecution that, the applicant by giving promise to marry to the prosecutrix established physical relations with her and subsequently resiled from his promise. That, the applicant subsequently performed marriage with another girl and in the premise the first

2 /2 31-ABA-965-18 information report is lodged.

4.

A perusal of the first information report and the other documents would reveal that, the act as alleged under Section 376 of the Indian Penal Code against the applicant was a consensual act between the applicant and the first informant. The learned counsel appearing for the first informant submitted that after grant of interim relief, the applicant has threatened the informant. The informant is at liberty to approach the police for necessary remedial measures. 5.

In view thereof and the facts and circumstances of the present case, the interim relief granted by Order dated 11.5.2018 is hereby confirmed. However, the condition No.2 therein is restricted till filing of charge sheet by the police. 6.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)