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Bombay High CourtABA/2863/2021disposed off

Navnath Dyaneshwar Kadam v. The State Of Maharashtra

2022-01-12Hon'Ble Shri Justice C.V. Bhadang2 pages

by VINA ARVIND KHADPE Date:

2022.01.21 15:21:29 +0530 VINA ARVIND KHADPE Vina Khadpe (14) aba (spk).2863.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2863 OF 2021 Navnath Dyaneshwar Kadam ..Applicant V/s.

The State of Maharashtra ..Respondent ---- Mr.Shriram S. Chaudhari for the Applicant.

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

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

1.

By this Application, the Applicant is seeking Anticipatory bail in connection with investigation of Crime No.170 of 2020 of Mandrup Police Station, Solapur Rural for the offence punishable under Section 363 of the Indian Penal Code.

2.

The aforesaid offence came to be registered on the basis of complaint lodged by grand father of the girl / victim on 24th June, 2020.

3.

It transpires during the course of hearing that at the relevant time the girl was 17 years of age. Since thereafter, she has attained majority on 23rd Juy, 2021 as her date of birth is shown to be 24th July, 2003.

4.

Learned counsel for the Applicant states that after she had attained majority, the Applicant has married with victim at Alandi, District Pune, on 23rd August, 2021 and presently both are residing as husband and wife.

Order is corrected as per speaking to minutes order dated 20.01.2022 page 1 of 2

Vina Khadpe (14) aba (spk).2863.2021.doc 5.

Record discloses that on 4th December, 2021, interim protection was granted to the Applicant on certain conditions. Learned APP on instructions from Investigating Officer states that the Applicant has co-operated with the investigation and custody of the Applicant is not necessary for further investigation. 6.

Under such circumstances, the Application is allowed in terms of Order dated 4th December, 2021 subject to the following conditions;

i) The Applicant shall attend the Investigating Officer on 24th January, 2022 between 11.00 am to 1.00 pm and as and when required.

ii) The Applicant shall co-operate with further investigation, if any.

7.

Criminal Anticipatory Bail Application is disposed of in view of the aforesaid terms.

(C.V. BHADANG, J.) Order is corrected as per speaking to minutes order dated 20.01.2022 page 2 of 2