Subham Nutanlal Damahe v. State Of Maharashtra

12-aba-3244-22 # ia-712-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3244 OF 2022 Subham N. Damahe ...Applicant V/s.

The State of Maharashtra

...Respondent.

WITH INTERIM APPLICATION NO. 712 OF 2023 Mr. Vinod S. Chate a/w. Ms Kalpana Chate i/b Chate and Associates for the Applicant Mr. A.A. Palkar, APP for the Respondent/State. Mr. Yogesh B. Dandekar for the Intervenor.

CORAM

:

N.R. BORKAR, J.

DATE :

30.03.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.320 of 2022 registered at Kharghar Police Station, Navi Mumbai for the ofences punishable under Sections 37c6, 37c6(22i(2ni, 37c7c, 313, 417c, 323, 504 and 506 of the Indian Penal Code .

3.

I have heard the learned counsel appearing for the applicant, the learned APP for the respondent / State and the learned counsel for the Intervenor.

4.

According to the prosecution, the applicant during the period from 1 October 2020 to June 2022 on several occasions committed Dinesh S. Sherla 1/2

12-aba-3244-22 # ia-712-23.doc forcible sexual intercourse with the prosecutrix on the pretext that he would be marrying her.

5.

During the relevant period, the prosecutrix was working in Bank of India, BKC Branch as Senior Manager and the applicant was working there as Clerk. Prima facie, the alleged act appears to be consensual. Considering the overall facts and circumstances of the case and in view of the undertaking fled by the applicant that he will not contact the prosecutirx either directly or indirectly, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

ORDER

Ai The Application is allowed.

Bi In the event of arrest of the applicant in C.R. No. 320 of 2022 registered at Kharghar Police Station, Navi Mumbai for the ofences punishable under Sections 37c6, 37c6(22i(2ni, 37c7c, 313, 417c, 323, 504 and 506 of the Indian Penal Code, he be released on bail on executing P.R Bond in the sum of Rs.25,000/- (2Rupees Twenty Five Thousandi with one or two sureties in the like amount.

Ci The applicant shall attend the concerned police station as and when called by the Investigating Ofcer and shall cooperate in the investigation.

6.

The Interim Application for intervention is disposed of. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2