Bombay High CourtBA/3335/2019bail granted

Rajesh Dharmpal Bhari v. The State Of Maharashtra

2019-12-20Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 935-ba-3335-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3335 OF 2019 Rajesh Dharmpal Bhari .. Applicant Vs.

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

Ms.Sneha G. Sanap, Advocate for the Applicant. Mr.H.J. Dedhia, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

DECEMBER 20, 2019.

P.C. :

The Applicant was arrested on 7th August, 2019, in connection with C.R.No.462 of 2019, registered with Narpoli Police Station, Thane city, for the ofences punishable under Sections 376 and 420 of Indian Penal Code ("IPC", for short). The prosecution case in nutshell is that the victim is a major lady. The applicant and victim were working together and thereby knowing each other. They started meeting and fell in love. On 19th April, 2019, applicant accused took her to house of his cousin and had forceful physical relationship. Subsequently,

rpa 2/3 935-ba-3335-19.doc the complainant came to know that the applicant is married to some other lady and hence, the First Information Report ("FIR", for short) was lodged.

From the tenor of the FIR, it appears that the applicant and the victim were acquainted with each other as both of them were working together. The relationship was apparently consensual. Investigation is completed and charge-sheet is fled. Hence, bail can be granted to the applicant.

Hence, I pass the following order:

:: O R D E R ::

(i) Bail Application No.3335 of 2019, is allowed; (ii) Applicant is directed to be released on bail in connection with C.R.No.462 of 2019, registered with Narpoli Police Station, Thane city, on his executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

rpa 3/3 935-ba-3335-19.doc (iii) Applicant shall attend the concerned police station once in a month on frst Saturday of the month between 10:00 a.m. to 12:00 noon, till the conclusion of the trial;

(iv) Bail Application No.3335 of 2019, is disposed of.

(PRAKASH D. NAIK, J.)