Sunilkumar Omprakash Vishwakarma v. The State Of Maharashtra

by IRESH SIDDHARAM MASHAL Date: 2021.10.11 10:20:40 +0530 IRESH SIDDHARAM MASHAL 14.1928.21 ABA.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1928 OF 2021 SUNILKUMAR OMPRAKASH VISHWAKARMA ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Tanveer Farooqui i/b Karan V. Mertia advocate for the applicant Mr. A. R. Kapadnis APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

7th OCTOBER, 2021.

P.C.:

1] Applicant is seeking pre-arrest bail in C.R. No. 93/2021 registered with MHB Police Station for offence punishable under Sections 376, 377, 354, 498 (A), 406, 323, 506 r/w 34 of the Indian Penal Code.

2] Since the applicant is admittedly claimed to be husband of the complainant and F.I.R. is lodged after the unexplained delay about 4 years, in my opinion, necessary ingredients are not made out against the applicant.

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14.1928.21 ABA.doc 3] Apart from above, this Court is sensitive to the fact that marriage of the complainant with the applicant is third one and she is already blessed with a child.

4] In the aforesaid background, applicant deserves pre-arrest bail. Hence, following order.

(i) In the event of arrest of the applicant in C.R. No. 93/2021 registered with MHB Police Station for offence punishable under Sections 376, 377, 354, 498 (A), 406, 323, 506 r/w 34 of the Indian Penal Code, he be released on bail on furnishing P.R. bond in the sum of Rs. 15,000/- with one or more sureties in the like amount.

(ii) Applicant shall neither infuence prosecution witnesses in any manner nor tamper with evidence. 5] Application stands disposed of.

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