Nadeem @ Nadeemuddin S/O. Aliuddin Shaikh v. The State Of Maharashtra

909aba844-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 ANTICIPATORY BAIL APPLICATION NO.844 OF 2022 NADEEM @ NADEEMUDDIN S/O. ALIUDDIN SHAIKH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Mangesh R. Jadhav APP for Respondent State: Mr. V. M. Kagne

CORAM

:S. G. MEHARE, J.

DATE : 3rd AUGUST, 2022 ORDER:

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

Facts of the case have been considered by the Court in its order dated 22nd July, 2022. To maintain brevity, the facts are not reproduced.

3.

The learned counsel for the applicant would submit that the complainant has modus operandi to blackmail various persons and extract money. The complainant has extracted money by making false allegations of committing forceful sexual assault on her. The learned counsel has referred to her earlier conduct. He prayed to confirm the interim protection.

4.

The learned APP has opposed the application contending that the offence is serious. Delay may be considered on merit. Learned

909aba844-22 APP has also pointed out that there are three antecedents against the applicant. Therefore, the application may be rejected. 5.

It appears that the applicant and complainant alleging against each other. However, the Court has considered the facts of the case placed before it. There is delay in lodging the report. Nothing is to be recovered from the applicant. The first information report reveals that the complainant, at her own, paid the money to the applicant for investment. The allegations of taking Rs.20 lakhs appears to be improbable. The investigation as regards to the payment of amount is done.

6.

Considering the overall facts of the case, this Court is of the view to grant anticipatory bail. Hence the following order.

O R D E R

(i) The application is allowed.

(ii) Interim protection granted to the applicant by order dated 22nd July, 2022 is confirmed on the same terms and conditions. (S. G. MEHARE, J. ) JPChavan