Kishor Dadarao Salve v. The State Of Maharashtra

G.A.Ghule 1/2 cri.appln. 1671.15..sxw [P.A.]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

Criminal Application No. 1671 Of 2015.

KISHOR DADARAO SALVE.

VERSUS

THE STATE Of MAHARASHTRA.

Appearance => Mr. Abhaysinh K. Bhosale, Advocate for the Applicant. Mr. U.H. Bhogale, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

13th April, 2015.

Per Court :- Present Criminal Application is filed by the applicant for grant of anticipatory bail, since he is apprehending his arrest in connection with CR No.I 28/2015 registered with Police Station, Bhokardan, District - Jalna, for the offences punishable under Section.s. 376, 506 of the Indian Penal Code. [2] Heard Mr. Abhaysinh K. Bhosale, learned counsel for the Applicant and Mr. U.H. Bhogale, learned Additional Public Prosecutor for the State of Maharashtra.

[3] Admittedly, the first informant - prosecutrix is aged about 33 years and she is serving as "Nurse" in the Hospital. [4] According to the First Information Report, on the pretext of marriage, present applicant, who is also married person, has established sexual relations with her. Fact that applicant-accused is a married person is within the knowledge of prosecutrix. Prosecutrix is also married women.

2/2 cri.appln. 1671.15..sxw [5] Looking to the nature of accusation and looking to the fact that prosecutrix is major and serving as a Nurse, possibility of consensual sex cannot be completely ruled out. The applicant has made out a case for grant of anticipatory bail, which leads me to pass the following order :-

ORDER

(i) Criminal Application is allowed.

(ii) In the event of arrest, Applicant - KISHOR DADARAO SALVE shall be released on anticipatory bail on he executing P.R. Bond of Rs. 10,000/- [Rs. Ten Thousand.] with one solvent surety in the like amount, in connection with CR No. I 28/2015 registered with Police Station, Bhokardan, District - Jalna, for the offences punishable under Section.s. 376 and 506 of the Indian Penal Code.

(iii) The applicant shall not intimidate the prosecutrix. (iv) The applicant shall attend Police Station, Bhokardan, District - Jalna once in a week, preferably on every Sunday, between 11.00 a.m. to 1.00 p.m., till filing of the Charge-Sheet. (iv) Application is disposed of.

(V.M. DESHPANDE, J.)