Pramod Dinanath Kene v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2502 OF 2022 WITH INTERIM APPLICATION NO. 3245 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO. 2502 OF 2022 Pramod Dinanath Kene ....APPLICANT V/S The State Of Maharashtra ....RESPONDENT Mr. Dinesh Tiwari a/w. Adv. M. H. Delosay, Adv. Mikhail Dey, Adv. Sanali Desai, Adv. Priyasha Pawar & Adv. Omkar Sonawane for Applicant Ms.Geeta P. Mulekar APP for State Mr. Manish Jain a/w. Adv. Ritu G. Gahlot i/b. S. M. Jain Associates for the intervenor.

CORAM : NITIN W. SAMBRE, J.

DATED :

29th September, 2022 P.C.:

1.

Heard.

2.

The applicant is seeking pre-arrest bail in crime no. 172 of 2022 registered with Revdanda police station for the offence punishable under sections 376, 313, 354, 504 & 506 of IPC. 3.

The case of the prosecution is, after death of her parents, at the age of 12 years she left her home in 1994 alongwith gold ornaments worth 12 tolas and cash of Rs.3,50,000/-. 4.

It is further claimed by the complainant that she thereafter 1/3

2/3 came in contact with the applicant, handed over the cash and gold ornaments which the applicant has used for his own benefits, thereafter for last about 28 years the applicant sexually exploited her.

5.

At its face value even if the story narrated by the complainant is appreciated, same is at all not reposing confidence. 6.

The complainant herself has admit that she has remained in contact with the applicant for last 28 years. No explanation is coming forth as to why for last 28 years she has not lodged complaint particularly when she was in contact with number of people as could be inferred from the contents of the FIR. The perusal of the FIR rather speaks of concocted theory based on which the false implication of the applicant can be inferred. 7.

In that view of the matter, the case for grant of ad-interim protection is made out.

8.

In the event of arrest of applicant/s in crime no. 172 of 2022 registered with Revdanda police station for the offence punishable under sections 376, 313, 354, 504 & 506 of IPC, applicant be released on bail on furnishing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount. 9.

The applicant shall neither tamper with evidence 2/3

3/3 nor influence the witnesses in any way.

10.

The applicant shall surrender his mobile phone immediately to the investigating ofÏcer and shall also co-operate, if required, for carrying medical examination.

11.

The applicant shall attend the Investigating OfÏcer as and when directed.

12.

The anticipatory bail application stands disposed of. In view of the disposal of the anticipatory bail application, interim application also stands disposed of.

ANANT KRISHNA NAIK ANANT KRISHNA NAIK Date: 2022.09.30 17:04:00 +0530 (NITIN W. SAMBRE, J.) 3/3