Sopan S/O Dadarao Shinde v. The State Of Maharashtra

1 Cri. Appln. 1823-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1823 OF 2016 Sopan S/o Dadarao Shinde Age : 48 years, Occu.: Business, R/o : Ghayal Nagar, Jalna, Dist. Jalna .. Applicant Vs.

The State of Maharashtra .. Respondent .....

Mrs. Usha P. Kale (Wayal), Advocate h/f Mr. P.D. Kale, Advocate for the applicant Mr. A.S. Shinde, APP for the respondent-State ......

CORAM : M.T. JOSHI, J.

DATED : 11/04/2016 ORAL ORDER :

Heard both sides.

2.

The present applicant, who was arrested by Kadim Jalna Police Station, Dist. Jalna in Crime no. 78 of 2016 for the offences punishable under section 376(2)(n), 420, 406, 506(2) of the Indian Penal Code, is praying for his release on bail.

2 Cri. Appln. 1823-2016 3.

The applicant was arrested on 11/03/2016 on the strength of the complaint filed by 40 years old victim of the offence dated 10/03/2016. Her complaint would show that she had developed physical relations with the applicant, as both of them had their own units in MIDC area of Jalna.

.

The applicant is having a fabrication company, while the complainant is stated to have placed a small tea stall nearby the said factory. It is alleged that the present applicant has taken away an amount of Rs.3 Lakhs from time to time, with a promise that he would built a house over a plot for her. He however started for asking Rs.50,000/- more and when the complainant persisted for the same, he started giving threats to her and her children of life.

.

Ultimately, on 02/11/2015, the present applicant gave him an amount of Rs.50,000/-, upon execution of certain agreement. He had promised to

3 Cri. Appln. 1823-2016 maintain her for her life and to built a house for her. He however did not fulfill the promise and in the circumstances, the complainant came to be filed. 4.

Heard both sides. Perused the copy of the said agreement dated 02/11/2015. It would show that the complainant was working as a maid servant with the applicant and an amount of Rs.50,000/- was paid to her, so that she would not file any case in the Labour Court.

5.

Considering all the material on record and finding that the investigation is practically complete, upon hearing both sides, the Application is allowed. 6.

The applicant be released on bail in Crime no. 78 of 2016 registered with Kadim Jalna Police Station, Dist. Jalna for the offences punishable under section 376(2)(n), 420, 406, 506(2) of the Indian Penal Code, upon his executing P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) and also upon furnishing surety in the like amount.

4 Cri. Appln. 1823-2016 7.

The applicant shall not attempt to influence the prosecution witnesses in any manner.

8.

Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/-