Shubham Babansingh Hajare v. The State Of Maharashtra

38-ABA-420-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 420 OF 2023 Shubham Babansingh Hajare ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. D.R. Jethliya, Advocate for applicant Mr. A.A. Jagatkar, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 10th APRIL, 2023 PER COURT :

1.

This is an application under Section 438 of Code of Criminal Procedure. The applicant claims to have an apprehension of being arrested in connection with Crime No. 106 of 2023 registered with Naldurg Police Station, Dist. Osmanabad for the offences punishable under Sections 376 and 506 of the Indian Penal Code.

2.

Learned A.P.P. submits that the offence is serious one and, therefore, the application deserves to be rejected. 3.

Perusal of the F.I.R. indicates that the informant is thirty-eight years of age, while the applicant is twenty-eight years old. Both have had 1 / 2

38-ABA-420-23.odt acquaintance of about 5-6 years. As such, it was a consensual relationship. It is informed that the applicant, pursuant to the interim protection, appeared before the investigating officer. He has also undergone medical examination. There is delay of little over forty days in lodging the F.I.R. All in all it is a fit case to grant anticipatory bail.

4.

In view of above, order dated 27th March, 2023 granting the applicant interim anticipatory bail is hereby made absolute. The applicant shall appear before the investigating officer, as and when required for the investigating purpose. The applicant shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 2 / 2