Mehboob Yasin Naikwadi v. The State Of Maharashtra

ba 357.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 BAIL APPLICATION NO.357 OF 2023 MEHBOOB YASIN NAIKWADI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. A.S. More APP for Respondent : Mr. S B Narwade ...

CORAM : S. G. MEHARE, J.

Dated: March 09, 2023 ...

PER COURT :- 1.

Heard learned counsel for the applicant and learned APP for the Respondent-State.

2.

The FIR reveals consensus sexual relationship. Victim had lodged a report making allegations that the applicant did sex with her under the promise to marry. They had a relationship since 2020. She was a deserted woman. However, the applicant suddenly married the another girl. 3.

Perusal of papers including FIR reveal that she had given a statement before the police that she has lodged report against the applicant in a fit of anger. She had no complaint against him. She has filed similar affidavit before the Sessions Court.

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ba 357.23.odt 4.

In view of the facts of the case and nature of the offence alongwith the material placed on record, the applicant deserves bail. Hence, the following order.

ORDER

(i) Bail Application is allowed.

(ii) The applicant Mehboob Yasin Naikwadi be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with Crime No.14 of 2023, registered with City Police Station, Osmanabad for the offence punishable under Sections 376(1), 376(2), 323 of the Indian Penal Code, on the condition that the applicant shall not tamper with the prosecution witnesses.

(S.G. MEHARE, J.) ...

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