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Bombay High CourtABA/1895/2018others disposed off

Yogesh Marling Chalawadi v. The State Of Maharashtra

2019-01-07Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 19-aba-1895-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1895 OF 2018 Yogesh Marling Chalawadi ... Applicant Vs.

The State of Maharashtra ... Respondent ...

Ms. Pranothi B. Pawar for the applicant.

Mr. R.M. Pethe, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 7th JANUARY, 2019.

P.C.

1.

Applicant is apprehending arrest in CR No. 369 of 2018 registered with Amboli Police Station for the offence punishable under Section 376(1), 417 of Indian Penal Code. 2.

Applicant was granted interim protection vide order dated 18th September, 2018 with direction to attend the Investigating Officer from 24th September, 2018 to 26th September, 2018. Learned counsel for the applicant submits that the applicant had complied the said direction and even thereafter he has attended the police station.

3.

The First Information Report was lodged on 15th August, 2018. On perusal of the FIR it is apparent that the complainant was aged about 27 years. She was acquainted with the applicant

Sknair 19-aba-1895-18.odt since childhood. In 2013, the applicant informed the complainant that he intends to marry her. In 2016, there was physical relationship between the applicant and the informant which was continued on several occasions. It is alleged that applicant had promised the complainant that he would marry her. It is also alleged that there were two abortions.

4.

In view of the aforesaid circumstances, interim order dated 18th September, 2018 is deserves to be confirmed.

ORDER

i.

Anticipatory Bail Application No. 1895 of 2018 is allowed; ii.

Interim order dated 18th September, 2018 stands confirmed. iii.

In the event of arrest in connection with CR No. 369 of 2018 registered with Amboli Police Station, applicant be released on bail on furnishing P.R. in the sum of Rs.20,000/- with one or more sureties in the like amount;

iv.

Applicant shall not temper with the prosecution witness; v.

Applicant shall report to the concerned Investigation Officer as and when called for till filing of chargesheet; vi.

Application stands disposed off.

( PRAKASH D. NAIK, J. )