Narendra Pratap Udaybhan Singh v. The State Of Maharashtra

2023:BHC-AS:35409

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3095 OF 2023 Narendra Pratap Udaybhan Singh ...

Applicant versus The State of Maharashtra ...

Respondents Ms. Kusum Pandey for Applicant.

Mr. S.H.Yadav, APP for State.

Mr. G.R.More, PSI Waliv Police Station present.

CORAM:

N.J.JAMADAR, J.

DATE :

28 NOVEMBER 2023 P.C.

1.

Heard the learned Counsel for the parties.

2.

By an order dated 16 October 2023 in ABA No.2800 of 2023, this Court had granted interim protection ascribing reasons. This Court had, inter alia, observed as under :

"6.

I have perused the allegations in the FIR. It appears that the alleged first sexual exploitation occurred in the year 2021. There is apparently a dispute between the parties over the construction of the room, allegedly promised by the applicant. The acts of sexual exploitation allegedly lasted for more than two years. In the circumstances, the question as to whether the relationship outside marriage between the first informant and the applicant was consensual, warrants consideration. I am, therefore, inclined to protect the liberty of the applicant while directing him to join in the investigation."

3.

The aforesaid interim relief was continued in this application by an order SSP 1/3

dated 6th November 2023.

4.

The learned Counsel for the Applicant, on instructions, submits that in terms of the interim order, the applicant had appeared before the Investigating Officer and co-operated with the investigation and also surrendered the mobile phone handset.

5.

Learned APP, on instructions from the IO who is present in Court, concurs with the statement made on behalf of the applicant. 6.

In the backdrop of the nature of the accusation and especially the fact that prima facie the relationship appeared to be consensual, I am impelled to make the order of interim bail dated 16 October 2023 passed in ABA 288 of 2023 absolute. 7.

Hence, the following order :

ORDER

(i) The interim order dated 16 October 2023 passed in ABA No.2800 of 2023 and continued by an order dated 6th November 2023 in this application, is made absolute on the terms and conditions incorporated therein. (ii) In addition, the Applicant shall not contact the first informant or tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the prosecution witnesses or any of the persons acquainted with the facts of the case.

(iii) The Applicant shall regularly attend the proceedings before the SSP 2/3

jurisdictional Court.

(iv) The application stands disposed.

( N.J.JAMADAR, J. ) SSP 3/3