Madhukar Chintaman Khandare v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1209 OF 2021 Madhukar Chintaman Khandare Age 69 years, Occcu: Retired R/o Plot No.59, Shivnirmal Colony, Pethenagar, Bhavsingpura, Aurangabad ...

Applicant

VERSUS

The State of Maharashtra, Through Police Station CIDCO, Aurangabad ...

Respondent Mr. Kacharu A. Ingle, Advocate for the applicant, Mr. A. S. Shinde, A.P.P. for the State.

CORAM

: PRAKASH D. NAIK, J.

DATE : 17th November, 2021 ORDER:

1.

The First Information Report (for short, "F.I.R.") is registered on 1st September 2021 under Sections 377, 354, 354-A, 294 (b), 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code (for short, the "I.P.C.").

2.

The applicant is father-in-law of the complainant. The marriage of complainant was solemnized on 21st May 2015. The F.I.R. was registered against the husband, father-in-law, mother-in-law, sister- inlaw and her husband. All the other accused were granted anticipatory bail by the Sessions Court. The application preferred by the applicant was, however, rejected. The complainant has alleged that she was ill-

treated. The husband and all the other accused had subjected her to mental and physical cruelty.

3.

Learned Counsel for the applicant submitted that the allegations are false. The other accused are granted anticipatory bail. Section 377 of the I.P.C. was attributed to the husband. The applicant had allegedly outraged modesty of the complainant in the year 2015 and it is alleged that the applicant had tried to record video of the complainant.

4.

The learned A.P.P. submitted that statement of complainant was recorded under section 164 Cr.P.C. which corroborates her version in the FIR. Role attributed to the applicant is that he was involved in the incident amounting outraging modesty of the complainant. The statements of other witnesses were recorded which also corroborates the version of the complainant.

5.

Husband of the complainant was arrested and granted regular bail. The complainant has referred to the incident of outraging modesty allegedly committed by the applicant on 15.08.2015 and July, 2020. FIR has been registered on 1st September, 2021. All other accused were granted anticipatory bail. The allegations were made belatedly.

6.

Considering the factual aspects, custodial interrogation of the applicant is not necessary. Interim protection granted vide order dated 14.10.2021 deserves to be confirmed. Hence, the following order.

O R D E R

i.

Anticipatory Bail Application No. 1209 of 2021 is allowed. ii.

In the event of arrest of the applicant in Crime No.612/2021 registered with CIDCO Police Station, District Aurangabad, the applicant be released on bail on executing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount. iii.

The applicant shall attend the investigating officer as and when called for till filing of the charge sheet.

iv.

Anticipatory Bail Application stands disposed of accordingly. (PRAKASH D. NAIK, J.) JPC