Popat Kashinath Borhade v. The State Of Maharashtra

53-ba1585-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1585 OF 2017 Popat K. Borhade ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr.Machhindra A. Patil for the Applicant.

Mr.S.S. Hulke, APP for the Respondent.

CORAM : T.V. NALAWADE, J.

DATE : 28TH AUGUST, 2017.

P.C. :- 1.

The application is filed for bail. Heard both sides. The papers of investigation are made available for perusal. 2.

The crime is registered on report of the prosecutrix , who was 25 years old at the relevant time. She is married but she is living separate from her husband and for about last nine years, she is living separate. The present applicant hails from her village. It is the contention that the applicant came in touch with hear and they fell in love. She has made allegation that on 23rd May, 2017, the applicant on the false pretext of marriage, took sexual intercourse with her. It is her case that after on 23rd May, 2017, the applicant avoided 1/2

53-ba1585-17 contacting her and so she approached the police. In view of the nature of allegation, the crime is registered for the offence under section 376 of the I.P.C.

3.

The applicant has been behind the bar since 26th May, 2017. In view of the nature of allegation, this Court holds that it is not desirable to keep the applicant behind the bars till the disposal of the case filed against him. It is not certain as to how much time will be required for the disposal of the case. In view of this, the application is allowed.

4.

The applicant is to be released on his furnishing P.B. and S.B. of Rs.30,000/- with one or more sureties. The applicant is not to tamper with prosecution witnesses. The applicant is not to commit similar offences not to contact, prosecutrix and should not visit her residence till the disposal of the case.

(T.V. NALAWADE, J.) 2/2