Dilip S/O Nathaji Kamble v. The State Of Maharashtra And Another

1/2 cri.appln. 2716.15..sxw G.A.Ghule [P.A.]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

CRIMINAL APPLICATION NO. 2716 OF 2015.

DILIP S/O NATHAJI KAMBLE.

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER.

Appearance => Mr. P.B. Kadam, Advocate h/for Mr. Sudarshan J. Salunke, Advocate for the Applicant.

Mr. U.S. Mote, Additional Public Prosecutor for the State of Maharashtra / Respondent Nos. 1 and 2.

CORAM

:

V.M. Deshpande, J.

DATE :

8th June, 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. 41/2015 registered with Police Station, Maujpuri, District - Jalna, for the offences punishable under Section/s 376, 506 of the Indian Penal Code. [2] I have heard Mr. P.B. Kadam, Advocate h/for Mr. Sudarshan J. Salunke, Advocate for the Applicant and Mr. U.S. Mote, learned Additional Public Prosecutor for the State.

[3] First Information Report is lodged by the prosecutrix herself. She is a married women. She is discharging her duty as a Nurse in the hospital; where-as the present applicant is also working in the said hospital. According to the First Information Report, the atrocities on her at the hands of the applicant was from the month August, 2014.

2/2 cri.appln. 2716.15..sxw [4] With the assistance of learned counsel for the applicant as well as learned Additional Public Prosecutor, I have gone through the First Information Report. After having gone through the same, at least prima facie, prosecutrix appears to be consenting party. No fruitful purpose would be served by custodial presence of the present applicant that leads me to pass the following order :-

ORDER

(i) Criminal Application is allowed.

(ii) In the event of arrest, applicant - DILIP S/O NATHAJI KAMBLE shall be released on anticipatory bail on he executing P.R. Bond of Rs. 35,000/- [Rs. Thirty Five Thousand.] with one solvent surety in the like amount, in connection with CR No. No. 41/2015 registered with Police Station, Maujpuri, District - Jalna, for the offences punishable under Section/s 376, 506 of the Indian Penal Code.

(iii) The applicant shall attend Police Station, Maujpuri, District - Jalna once in a week, preferably on every Sunday and shall remain present there between 3.00 p.m. to 5.00 p.m., till charge sheet is filed. (iv) With this Criminal Application is allowed and same is disposed of accordingly.

(V.M. DESHPANDE, J.)