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Bombay High CourtABA/1744/2021disposed off

Ganesh S/O Baburao Katle v. The State Of Maharashtra

2021-12-01Hon'Ble Shri Justice Nitin W. Sambre3 pages

BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1744 OF 2021 by BHARAT DASHARATH PANDIT Date:

2021.12.03 11:19:43 +0530 GANESH S/O BABURAO KATLE ....Applicant.

V/s THE STATE OF MAHARASHTRA .....Respondent ----- Mr. Kuldip Kahalekar i/b Mr. Suraj Gothwal for the Applicant. Ms. A.A. Takalkar, APP for the Respondent/State. PI Pravin Rane, Vakola Police Station, present. ---- CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 01, 2021 P.C.:- 1] Applicant is seeking pre-arrest bail in Crime No.0540 of 2021 registered with Vakola Police Station, Mumbai for the offence punishable under Sections 376(2)(n), 376-C(b), 420, 406, 323, 506 of the IPC.

2] Learned APP has informed the Court that complainant has not cooperated with the Investigating Officer and sought time and again an adjournment.

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3] Allegation is that the Applicant is sexually exploiting the complainant under false promise of marriage. Both the complainant and Applicant are major and investigation till date including messages depicts that there was a consensual relationship. 4] Applicant has undertaken to surrender his mobile phone forthwith to the Investigating Officer and has further assured that, if required, he shall cooperate in giving blood sample etc and also for medical investigation.

5] In that view of the matter, in the event of the arrest of the Applicant in Crime No.0540 of 2021 registered with Vakola Police Station, Mumbai for the offence punishable under Sections 376(2)(n), 376-C(b), 420, 406, 323, 506 of the IPC, Applicant be released on bail on executing P.R. Bond in the sum of Rs 25,000/- with one or more sureties in the like amount. Applicant shall attend the Investigating Officer from 6th December, 2021 to 10th December, 2021 between 10.00 A.M. and 12.00 Noon and thereafter as and when directed by the Investigating Officer. Applicant shall neither directly or indirectly 2/3

influence the prosecution witnesses nor tamper with the evidence. Applicant shall not try to directly or indirectly contact the victim or her family members till the conclusion of the trial. 6] Application is disposed of.

( NITIN W. SAMBRE, J. ) 3/3