Babasaheb Tukaram Jadhav v. The State Of Maharashtra

by IRESH SIDDHARAM MASHAL Date: 2021.11.29 18:38:57 +0530 IRESH SIDDHARAM MASHAL 17.2847.21 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2847 OF 2021 BABASAHEB TUKARAM JADHAV ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Satyan Pille for the applicant Ms. A. A. Takalkar APP for the State Swati Jagtap, PSI, Kalyan Tal. Police Station CORAM :

NITIN W. SAMBRE, J.

DATE:

NOVEMBER 29, 2021.

P.C.:

1] Applicant is seeking pre-arrest bail in C.R. No. I-552/2021 registered with Kalyan Taluka Police Station for Offences punishable under Sections 376, 376(2)(n), 509, 323 of the Indian Penal Code. 2] In response to the court's query, learned APP on instructions from the ofCcer informs that the statement in the complaint about the visit of complainant and applicant does not appear to be correct factual matrix. Apart from above, it can be noticed that there is unexplained delay in lodging F.I.R.

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17.2847.21 aba.doc 3] Victim appears to have lodged similar complaint on earlier occasion against one Sachin in which, this Court already granted relief from arrest.

4] As such, case for bail is made out.

(i) In the event of arrest of applicant in C.R. No. I552/2021 registered with Kalyan Taluka Police Station for Offences punishable under Sections 376, 376(2)(n), 509, 323 of the Indian Penal Code, he 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.

(ii) Applicant shall attend the Investigating OfCcer from 06/12/2021 to 10/12/2021 between 10.00 a.m. to 12.00 noon as and when directed. (iii) Applicant shall neither tamper with evidence nor inFuence the witnesses in any way.

5] Application stands disposed of.

[NITIN W. SAMBRE, J.] 2/2