Bharat Ankush Kade v. The State Of Maharashtra And Another

2024:BHC-AUG:8629

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 603 OF 2024 Bharat Ankush Kade ... Applicant

VERSUS

The State Of Maharashtra And Another ... Respondents ......

Mr. Shashikant E. Shekade, Advocate for Applicant Ms. P.V. Diggikar, APP for Respondents - State Mr. Vilas Savan, Advocate for Informant ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 24th APRIL, 2024 ORDER :

1.

Applicant apprehends arrest in Crime No. 0066 of 2024, registered with Talwada Police Station, District-Beed for offences punishable under sections 452, 354-A, 506 of the Indian Penal Code.

2.

FIR is lodged by informant alleging that on 13.03.2024, at about 09.00 p.m., while she was alone in her house, applicant entered therein and inquired about her son and husband. Assessing that her family members were out of the house, applicant solicited her to provide him wife of another person for entire night for sexual intercourse,

promising to pay amount of Rs.3,000/- to her. Declining the offer of applicant, she went out side the house and sat near her landlady. Applicant approached there and again reiterated the same thing. The landlady abused applicant and thereafter she returned to her home. Applicant again came and behaved indecently with her and pressed his demand and threatened not to disclosed his act to anybody otherwise he would kill her. 3.

Heard learned advocate for applicant and learned APP for respondents - State and learned advocate for informant. Perused the Investigation papers.

4.

Applicant claims to be innocent and according to him due to village politics, he is falsely implicated in the present crime.

5.

Allegations made in the FIR are supported by the statement of landlady of informant. However, in the FIR, it is not disclosed as to in what manner applicant has outraged modesty of informant. Considering allegations made in the FIR, custodial interrogation of application is not necessary. 6.

Application is allowed. In the event of arrest of applicant Bharat Ankush Kade in connection with Crime No. 0066 of 2024, registered with Talwada Police Station, District-

Beed for offences punishable under sections 452, 354-A, 506 of the Indian Penal Code, he be released on bail on executing Personal Bond and Surety Bond of Rs.15,000/- with one surety in the like amount.

7.

Till filing of charge-sheet, applicant shall attend the concerned police station as and when called by the Investigating Officer. Applicant shall not tamper prosecution evidence.

8.

Applicant shall not enter village Ardhmasla Phata, Taluka-Georai, District-Beed, however, he would be entitled to carry out agricultural works in his agricultural land. [NITIN B. SURYAWANSHI ] JUDGE