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Bombay High CourtABA/3185/2022disposed off

Suraj Dilip Pujari v. Th State Of Maharashtra And ANR

2022-11-16Hon'Ble Smt. Justice Bharati Dangre3 pages

1/3 907 ABA-3185-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3185 OF 2022 Suraj Dilip Pujari ..

Applicant

Versus

The State of Uttar Pradesh & Anr.

..

Respondents ...

Mr.Chetan Oswal with Mr.Ajit D. Chavan for the Applicant. Ms.Veera Shinde, A.P.P. for the State/Respondent. ...

CORAM: BHARATI DANGRE, J.

DATED : 16th NOVEMBER, 2022 P.C:- 1.

The applicant seeks transit anticipatory bail on he being arraigned as accused in C.R.No.0521 of 2022 registered with Baraut Police Station, District Baghpat, State of Uttar Pradesh. The applicant is resident of Sangli and he has made a statement in the application that recently he has come to know about the F.I.R., being fled against him, since the police from concerned police station has visited his residential premises, but he was not found at home. He is, therefore, apprehending his arrest and seek transit bail as he may not be in a position to approach the Court immediately and secure protection.

2/3 907 ABA-3185-22.doc 2.

The complaint lodged by the complainant resulted in invoking Sections 376, 312 and 506 of IPC. Prima facie, it can be discerned from the said complaint that the complainant alleged that she came in contact with the applicant and by establishing proximity, it is alleged that he exploited her physically and mentally. As per the complaint, the acquaintance is said to be pretty old i.e. three years back and it is alleged that the applicant avoided to perform the marriage with her and threatened her with dire consequences. 3.

Considering the case as contained in the complaint, when the complainant herself is aged 20 years when she lodged the complaint and since the acquaintance is stated to be three years old, whereas the complaint is fled in the year 2022, I deem it appropriate to protect the applicant from arrest in the present application for a limited period of four weeks so as to enable him to approach the competent court for seeking the regular relief of protection from arrest under Section 438 of Cr.P.C.

Hence, the following order.

: ORDER :

(a) Application is allowed.

(b) In the event of arrest in connection with

3/3 907 ABA-3185-22.doc C.R.No.0521 of 2022 registered with Baraut Police Station, Dist.Baghpat, Uttar Pradesh, applicant-Suraj Dilip Pujari shall be released on transit bail on furnishing P.R. Bond to the extent of Rs.25,000/- with one or two sureties in the like amount.

(c) The transit bail shall remain in force for a period of four weeks.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Offcer and shall not tamper with evidence.

( SMT. BHARATI DANGRE, J.)