Rushikesh Pundalik Saindane v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1519 OF 2015 Rushikesh Pundalik Saindane ..Applicant v/s.

The State of Maharashtra.

(Through Inspector of Police Bhosari) ..Respondent Mr. R.G.Patil for the Applicant Mrs. Veera Shinde, APP for the Respondent/State. Manisha J. Dashwant PSI, Bhosari Police Stn. Present. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : NOVEMBER 18, 2015.

P.C.

1.

This is an application for anticipatory bail in C.R.No. 171 of 2015 under Section 376 of Indian Penal Code.

2.

Heard the learned Counsel for the applicant and the learned APP for the State. I have perused the record and considered the submissions advanced by the learned counsel for the respective parties. The records reveal that pursuant to the first information

report lodged by the victim in C.R.No.171 of 2015 has been registered against the applicant for the offence under Section 376 of Indian Penal Code. A perusal of the said FIR reveals that the victim is a major and that she was friendly with the applicant herein and having physical relation since the year 2012. The complaint has been lodged in the year 2015, only when the victim was pregnant and the applicant has refused to marry her. Prima facie, the relationship appears to be consensual. In my considered view, the nature of the allegations leveled against the applicant do not warrant custodial interrogation. The applicant is native of Dighi, District Pune and there are no chances of him absconding and thwarting the course of justice. Under the circumstances, the application is allowed.

3.

In the event of arrest, the applicant is ordered to be released in Crime No.171 of 2015 registered with Bhosari Police Station, on the applicant furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand Only) with one surety in the like amount to the satisfaction of the JMFC, Pimpri, Pune. The applicant shall furnish detail permanent as well as local address, if any.

ii) The applicant shall report to the Investigating Officer for a period of seven days from the date of the order, and as and when required by the Investigating Officer.

Iii) Till filing of the chargesheet, the applicant shall not leave the jurisdiction of JMFC, Pimpri without prior permission from the Court. (ANUJA PRABHUDESSAI, J.)