Tushar Santosh Kokane v. The State Of Maharashtra And Another

2024:BHC-AUG:1031 940-ABA-1333-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1333 OF 2023 Tushar S/o Santosh Kokane ... Applicant

VERSUS

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

Mr. Narayan B. Narwade, Advocate for the Applicant Mr. S.B. Jadhav, APP for Respondents - State Ms. Pratibha Suryawanshi, Advocate (appointed) for Informant ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 18th JANUARY, 2024 ORDER :

1.

The applicant apprehends arrest in connection with Crime No. 269 of 2023 registered with Ashti Police Station, District Beed for offences punishable under sections 376, 376(2)(n), 506 read with section 34 of the Indian Penal Code. 2.

Prosecutrix aged 27 years has lodged FIR alleging that applicant by giving false promise of marriage committed rape on her on two occasions.

3.

Heard learned advocate for applicant, learned APP for respondent No.1 - State and learned advocate for informant.

940-ABA-1333-23 4.

Prima facie, from the material collected during the course of investigation, it appears that relationship was consensual. Charge-sheet is filed in the present crime on 17.08.2023, and the case is numbered as RCC No. 180 of 2023.

5.

Applicant was protected and due to completion of investigation, custody of applicant is not necessary. 6.

The application is therefore allowed by confirming interim protection granted by this Court by order dated 19.08.2023.

7.

High Court Legal Aid Services Sub Committee, Aurangabad to pay the fees of learned advocate Ms. Pratibha Suryawanshi representing informant, as per schedule, within four weeks from today.

[ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane