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Bombay High CourtAPPLN/2922/2015disposed off

Santosh S/O Subhash Jadhav v. The State Of Maharashtra And ANR

2015-07-15Hon'Ble Shri Justice V.M. Deshpande3 pages

1 Cr.Apln. 2922.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2922 OF 2015 Santosh s/o Subhash Jadhav .... APPLICANT V E R S U S The State of Maharashtra & Anr. .... RESPONDENTS .............................

Mr. A.S.More, Advocate for Applicant.

Mrs. S.G.Chincholkar, A.P.P. for R.No.1 - State. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 15th JULY, 2015 .............................

PER COURT :

1.

This is an application for grant of anticipatory bail since the applicant is apprehending his arrest in connection with Crime No. 142/2015 registered with City Police station, Osmanabad, District Osmanabad for the offences punishable u/s 420,417,323,504,506,342 read with 34 of the Indian Penal Code.

2.

Heard Mr. A.S.More, learned counsel for the Applicant and Mrs. S.G.Chincholkar, learned A.P.P.

for respondent No. 1 - State.

2 Cr.Apln. 2922.2015 3.

F.I.R. is lodged by Ashok Babasidh Kaladkar. According to the F.I.R., marriage of daughter of the first informant was to be performed with one Ganesh Jadhav, who is the younger brother of the present applicant. The date of marriage was fixed on 26/11/2014.

However, on 24/11/2014, first informant received phone call from the applicant calling him at the house of one of his relatives. Therefore, first informant, his wife and son Pritam, Vithal and Sudhir came to the first informant. It was disclosed to him that the marriage between the daughter of the first informant and the brother of the present applicant can not be performed for the reason that the present applicant is in possession of one video clip which he has received in his office, which shows that his daughter is in obscene act. Therefore, the F.I.R. was lodged.

4.

Learned A.P.P. submitted that the said girl has already filed report against one Vaibhav alleging that said Vaibhav had taken obscene photographs and obscene clip of the said girl. Learned A.P.P. submitted that in the complaint lodged by the daughter of the first informant in respect of the obscene clip, no role is attributed to the present applicant nor any allegation is made against him. In that view of the matter, present Criminal Application has to be considered favourably and it is considered accordingly.

5.

Hence, I pass the following order.

[i] Present Criminal application is allowed.

3 Cr.Apln. 2922.2015 [ii] Interim order granted in favour of the present applicant dated 11/06/2015 stands confirmed.

[iii] Present Criminal application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 2922.2015