Xyz v. Parmeshwar Prakash Korde And Others

33aba233.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 33 ANTICIPATORY BAIL APPLICATION NO.233 OF 2023 WITH APPLN/880/2023 IN ABA/233/2023 PARMESHWAR PRAKASH KORDE @ KORADE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.Shinde Dhananjay M. APP for Respondents-State : Mr.N.T.Bhagat Advocate for respondent (XYZ) : Mr. D.B. Pokale ...

CORAM : R. G. AVACHAT, J.

DATE : 13.03.2023.

PER COURT :

1.

Heard.

2.

The First Information Report ("FIR") has been lodged by the informant herself on 04.02.2023. The applicant is said to be her next door neighbour. He is alleged to have snapped her photographs while she was taking bath. The applicant has then alleged to have black- mailed her to submit her to his sexual lust and thereby continued sexual exploitation her until 03.02.2023. 3.

The learned APP and the learned Advocate appearing for the informant would submit that the applicant, even after registration of the FIR, harassed the informant and a N.C. has been registered against him. If the applicant is granted the anticipatory bail, he would again do the same thing with the informant. Both of them

33aba233.23 submitted for rejection of the application.

4.

Close reading of the FIR suggests it to be a case of consensual relationship for a period of one year. It appears that, on 03.02.2023 the applicant had been to the residence of the informant. By the same time, her husband appears to have come home and the relationship came to the light. It is reiterated that since it appears to be a consensual relationship, the Court is inclined to grant anticipatory bail to the applicant. Hence, the following order :

ORDER

(a) In the event of arrest of the applicant namely Parmeshwar s/o Prakash Korde @ Korade, in connection with Crime No. 45 of 2023 registered with Hingoli Rural Police Station, Dist. Hingoli, for the offences punishable under Sections 376(2)(n), 354C, 452, 504 and 506 of the Indian Penal Code, 1860, he be released on executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount on following conditions : (i) He shall not tamper with the prosecution evidence. (ii) He shall attend the concerned Police Station as and when required by the Investigating Officer for investigation purpose. (iii) He shall surrender his Cell Phone to the Investigating Officer. b) Criminal Application No. 880 of 2023 in ABA No. 233 of 2023 stands disposed of.

( R. G. AVACHAT ) JUDGE mahajansb/