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Bombay High CourtABA/437/2025disposed off

Suraj Sudam Dipke v. The State Of Maharashtra And Another

2025-04-08Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:10582

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 ANTICIPATORY BAIL APPLICATION NO. 437 OF 2025 SURAJ SUDAM DIPKE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant :

Mr. V. S. Wakade h/f. Mr. Sudheerkumar G. Ghongade APP for Respondent/State: Mr. G. O. Wattamwar Advocate for Respondent No.2 : Mr. Avhad Aniket Shivaji ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 08.04.2025 P.C. :

1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for respondent no.2.

2] The applicant is apprehending arrest in connection with Crime No.0015/2025, dated 31.01.2025, registered at Goregaon Police Station, District Hingoli, for the offences punishable under Sections 64(2)(m) of B.N.S. & Sections 4, 6 of the POCSO Act & Section 9 of the Prohibition of Child Marriage Act.

3] This court by order dated 18.03.2025 granted interim protection to the applicant

4] The learned counsel for the applicant submits that there were consensual relations between the applicant and the victim and that they rant away from the house and performed marriage in the temple.

5] Considering the age of the victim being 16 years and 9 months at the time of offence, this court has granted interim protection to the applicant. The learned counsel for the applicant submits that thereafter the applicant has cooperated with the investigation.

6] In view of the above, the interim protection granted by order dated 18.03.2025 stands confirmed, on the following terms:

i] The applicant shall attend the police station as and when required by the Investigating Officer. ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe