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Bombay High CourtAPPLN/4749/2015application allowed

Shri Pandu Nana Shinde v. The State Of Maharashtra And ANR

2015-09-14Hon'Ble Shri Justice Nitin W. Sambre2 pages

criap4749.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4749 OF 2015 Pandu Nana Shinde ..APPLICANT

VERSUS

The State of Mah. & anr.

..RESPONDENTS Mr N.C. Garud, Advocate for applicant;

Mr S.R. Palnitkar, A.P.P. for respondents CORAM : N.W. SAMBRE, J.

DATE : 14th September, 2015 ORAL ORDER :

The applicant herein is an accused in C.R. No.I-49 of 2015, registered with Kotwali police station, Ahmednagar, for offences punishable under section 376 and 506 of the Indian Penal Code. 2.

The offence came to be registered against the present applicant, pursuant to to the complaint lodged against him by one Kalpana Popat Pandagale, who has alleged that she was removed from her house by the applicant and was taken to various places on 11th February, 2015 and 12th February, 2015 and thereafter she went to Bombay to her brother's place. According to the complainant, since the applicant has established physical relations with her, he is charged with the crime in question. 3.

Having perused the investigation papers, it reflects that there are no external injuries to the complainant.

4.

Apart therefrom, perusal of the first information report prima facie depicts that the alleged offence has taken place pursuant to the consent of the complainant.

criap4749.15 (2) 5.

In view thereof, in my opinion, the applicant is entitled for pre-arrest bail. I, therefore, pass following order :- In the event of arrest of the applicant, in connection with C.R. No.I49 of 2015, registered with Kotwali police station, Ahmednagar, for offences punishable under section 376 and 506 of the Indian Penal Code, he be released on bail, on furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount. The applicant shall attend the concerned police station, initially for four days, between 10.00 a.m. and 11.00 a.m. and thereafter as and when called for by the Investigating Officer. The applicant shall keep himself away from the jurisdiction of the concerned police station, till filing of the charge-sheet, save and except for attending the police station.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj