Ajit Parshuram Ambalekar v. The State Of Maharashtra

rpa 1/4 919-ba-2733-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2733 OF 2018 Ajit Parshuram Ambalekar .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.S.V. Marwadi, Advocate for the Applicant.

Mr.A.R. Kapadnis, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

OCTOBER 30, 2018.

P.C. :

This is an application for bail in connection with C.R.No.0073 of 2018, registered with Kalwa Sagari Police Station, District-Palghar, for the offences punishable under Sections 376 and 506 of Indian Penal Code ("IPC", for short). Complainant is 22 years old girl. In the month of February 2016, she got acquainted with the applicant on social media network (Facebook) and they developed friendship. In February 2018, the complainant was at her native place at Dapoli. Applicant called her to meet at Kelva Railway Station. She came from Dapoli to Kelva Railway Station by Bus. Accused promised

rpa 2/4 919-ba-2733-18.doc her that he would marry her. Applicant accused then took the victim to Kelva beach on his motorcycle. Applicant then insisted her that they should stay at Kelva over night. She agreed to stay with the applicant. The applicant had booked a room at resort. Applicant proposed her for marriage. Applicant then demanded sexual favour. She was reluctant as they were not married. However, the applicant had physical relationship with the complainant. Subsequently, he refused to get marry to her. In July 2018, it was revealed that the complainant - victim was pregnant. The accused threatened her that he would make her objectionable photographs viral. Hence, First Information Report ("FIR", for short) was lodged.

On perusal of the fir, it is apparent that the complainant and accused got acquainted with each other on Facebook. Complainant came from Dapoli to Kelva to meet the applicant. They stayed at the resort in February 2018, and, there was physical relationship between them. It is alleged that the applicant had promised the complainant that he would marry her and subsequently, he refused to marry her. Learned APP submitted that the applicant is a married person and he had made false promise to the victim. It is submitted that the investigation is completed and charge - sheet is filed on 29th August, 2018.

rpa 3/4 919-ba-2733-18.doc Considering the nature of allegations and the relationship which is apparently consensual between the applicant and the complainant, case for grant of bail is made out. Applicant is in custody from the date of arrest. On completing investigation, charge - sheet has been filed. Hence, I pass the following order:

:: O R D E R ::

(i) Bail Application No.2733 of 2018, is allowed; (ii) Applicant is directed to be released on bail in connection with C.R.No.0073 of 2018, registered with Kalwa Sagari Police Station, District-Palghar, on his furnishing P.R. Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount;

(iii) Applicant shall attend Kalwa Sagari Police Station, District-Palghar, once in a month on first Saturday of the month between 10:00 a.m. to 12:00 noon, till further order;

rpa 4/4 919-ba-2733-18.doc (iv) Applicant shall not tamper the evidence and also attend the trial Court regularly during the date of hearing, unless exempted by the Court for some reasons;

(v) Bail Application No.2733 of 2018, stands disposed of.

(PRAKASH D. NAIK, J.)