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Bombay High CourtBA/2677/2019bail granted

Amitkumar Nagendra Tiwari v. The State Of Maharashtra

2019-12-05Hon'Ble Shri Justice Prakash D. Naik2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2677 OF 2019 Amitkumar Nagendra Tiwari Applicant versus The State of Maharashtra Respondent Mr.Aniket Nikam with Mr.Piyush Toshnival i/by Vivek N. Arote for applicant.

Smt.A.A.Takalkar, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 5th December 2019 PC :

1.

The applicant is seeking bail in CR No.91 of 2019 registered with Kondhwa Police Station for offences under Sections 376, 323, 504, 506 of Indian Penal Code. The FIR was registered on 22nd January 2019 and the applicant was arrested on 8th April 2019. 2.

The case of complainant is that in February-2017 she got acquainted with the applicant on facebook. They became friends and subsequently there was love affair between them. The accused had promised that he would marry her. The complainant had also parted with money to the applicant-accused. There was physical relationship between them in November-2017. However, subsequently the applicant refused to marry her. 3.

Thus, from the tenor of the FIR it is clear that the complainant/victim and the applicant were in relationship and the relationship is admittedly consensual. The complainant is a major

2 of 2 908.BA.2677.2019.doc lady aged about 27 years. The applicant has been arrested on 8th April 2019 and since then he is in custody. Investigation is completed and charge sheet is filed. In the circumstances there is no impediment in granting bail to the applicant. Hence, I pass following order :

ORDER

(i) Criminal Bail Application No.2677 of 2019 is allowed and disposed of;

(ii) The applicant is directed to be released on bail in connection with CR No.91 of 2019 registered with Kondhwa Police Station, Pune, on furnishing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall attend Kondhwa Police Station, Pune once in a month on every first Saturday between 10 am and 12 noon till conclusion of trial;

(iv) The applicant shall not tamper with evidence and shall attend Trial Court proceedings regularly, unless exempted by Trial Court for some reason.

(PRAKASH D. NAIK, J.) MST