Nikhil S/O Revnath Pakhare v. The State Of Mahrashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2256 OF 2021 Nikhil s/o Revnath Pakhare ..Applicant V/s.

The State of Maharashtra ..Respondent SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2022.01.12 18:02:00 +0530 ---- Mr. Anand Thakare for the Applicant.

Mr. S.R. Agarkar, APP for the Respondent/State. ---- CORAM : C.V. BHADANG, J.

DATE : 12 JANUARY 2022 (Through Video Conferencing) P.C.

1.

Although this application is listed for extension of interim protection, the same can be disposed of in view of the submission made by the learned counsel for the parties. 2.

The Applicant who is apprehending arrest in connection with investigation of Crime No. 74 of 2021 of police station Chaturshrungi, Pune city under Section 376 and 417 of IPC, is seeking anticipatory bail.

Sneha Chavan page 1 of 3

3.

The perusal of the FIR dated 08.02.2021 lodged by the victim, who at the relevant time was aged 23 years, at least, prima facie shows that there was a consensual relationship between the Applicant and the victim. According to the complaint, she was subjected to sexual intercourse by the Applicant on the promise of marriage, which did not materialise.

4.

The learned APP submitted that looking to the nature of the allegations, the custodial interrogation of the Applicant may not be necessary.

5.

Thus, prima facie having regard to the age of the victim and the nature of the allegations and the statement on behalf of the State, the following order is passed.

ORDER

i) In the event of his arrest, in connection with the investigation of No. 74 of 2021 of police station Chaturshrungi, Pune city, the applicant be released on bail on executing a PR Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

ii) The applicant shall co-operate with the Investigating Agency as and when required.

Sneha Chavan page 2 of 3

iii) The Applicant shall not directly or indirectly contact the prosecutrix or any other prosecution witnesses. iv) The Criminal Application is disposed of in the aforesaid terms.

(C.V. BHADANG, J.) Sneha Chavan page 3 of 3