Chankya Goswami v. The State Of Maharashtra

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2022.12.19 20:18:13 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO.3508 OF 2022 Chankya Goswami ..Applicant vs.

The State of Maharashtra ..Respondent Mr. Aameer V. Kale a/w Mr. S.Nikam, for applicant. Mr.S.V. Gavand, APP for respondent-State.

CORAM : M. S. KARNIK, J.

DATE : DECEMBER 19, 2022 P.C. :

1.

Heard learned counsel for the applicant and learned APP.

2.

This is an application for pre-arrest bail. The applicant is apprehending arrest in connection with FIR No. 1418 of 2022 (C.R.No. 6110 of 2022) registered with Borivali Police Station for offence punishable under sections 376(2)(n) and 417 of the Indian Penal Code, 1860. 3.

The FIR is dated 07/10/2022 in respect of an incident which happened in May 2022. It is alleged that the

prosecutrix was staying alone. During the course of the business, she was introduced to the applicant. Their friendship turned into a love relationship. On the promise that applicant would marry the prosecutrix, it is alleged that the applicant committed forcible sexual intercourse with the complainant on as many as 7-8 occasions since May 2022. Thereafter it is alleged that the applicant had stopped responding to the phone-calls made by the complainant. The complainant also came to know that the applicant had such relations with other women as well. Considering the nature of the allegations, it appears that the applicant and the complainant were in a consensual relationship. In the present facts, the aspect whether the physical relations were on the promise of marrying, is a subject matter of trial. There is nothing to be recovered.

The custodial interrogation of the applicant in the present case is not necessary. Learned counsel for the applicant submits that the applicant is staying at Rajkot and hence there is no threat to the prosecutrix of the applicant influencing or threatening her. Hence, the following order.

O R D E R

(a) In the event of arrest of the applicant in connection with FIR No. 1418 of 2022 (C.R. No.6110 of 2022) registered with Borivali Police Station, the applicant-Chankya Goswami be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

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

(c) The applicant shall attend the concerned Police Station on 21/12/2022, 22/12/2022 and 23/12/2022 between 10.00 a.m. and 12.00 p.m.

and thereafter as and when called for. In any case, the applicant to report the concerned police station once in a month on every Monday, between 10.00 a.m. and 12.00 p.m.

4. The anticipatory bail application is disposed of. (M. S. KARNIK, J.)