Uday Manohar Pawar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1000 OF 2018 Uday Manohar Pawar ....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Rahul P. Walvekar for the applicant.

Mrs. J.S. Lohkare, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 21st AUGUST, 2018.

P.C.:

.

This is an application for anticipatory bail filed by the aforesaid applicant, apprehending his arrest in Crime No.210 of 2018 registered at Shahupuri Police Station, Kolhapur for the offences punishable under sections 376, 420 and 506 of the Indian Penal Code. 2.

Heard Mr. Rahul P. Walvekar, learned counsel for the applicant and Mrs. J.H. Lohkare, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

3.

The aforesaid crime was registered pursuant to the first

information report lodged by the prosecutrix. A perusal of the first information report prima facie, reveals that the prosecutrix is a married lady of 32 years. The applicant was the friend of the husband of prosecutrix and that he used to visit their house very often. 4.

The first information report prima facie reveals that the relationship between the applicant and the prosecutrix was consensual. Considering this aspect, the applicant was granted interim bail on 12th July, 2018 by this Court. He was directed to report to the concerned police station. Mr. Rahul P. Walvekar, learned counsel for the applicant submits that the applicant has complied with the conditions imposed by this Court in the order dated 12/07/2018.

5.

Considering the above facts and circumstance, in my considered view, the case does not warrant custodial interrogation. Hence, the following order :- (a) Anticipatory Bail Application is allowed.

(b) In the event of arrest of the applicant in Crime No.210/2018, he shall be released on bail on furnishing fresh bail bond of Rs.50,000/- (Rupees Fifty Thousand only ) with one or two solvent sureties in the

like amount, to the satisfaction of Investigating Officer. (c) The applicant shall furnish his permanent as well as temporary address and his contact details to the Investigating Officer, as well as to the concerned court.

(d) The applicant shall not interfere with the victim in any manner. (e) The applicant shall not change his residential address without prior intimation to the Investigating Officer. (SMT. ANUJA PRABHUDESSAI, J.)