Krushna Subhash Ghongate v. The State Of Maharashtra

953-BA-1593-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1593 OF 2022 Krushna Subhash Ghongate ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. A. D. Kulkarni, Advocate for applicant Mr. A. V. Deshmukh, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 30th SEPTEMBER, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.704/2022, registered at Shrirampur City Police Station, District Ahmednagar for the offences punishable under Sections 376, 342, 452, 323, 504 and 506 of the Indian Penal Code.

2.

Heard. Perused the First Information Report (FIR) and related papers.

The FIR has been lodged by the victim herself on 19.08.2022. She is a married woman. She claims to have been in

(( 2 )) 953-BA-1593-2022 relationship with the applicant for over ten years. It is her case that the applicant sexually exploited her with false promise of marriage. The applicant is said to have been married. The informant is also blessed with two children. As such, it appears to be the case of consensual relationship. The applicant is in jail for little over 11⁄2 months. In the facts and circumstances of the case, the applicant's pretrial detention appears to be unwarranted. The Court is therefore inclined to grant him bail. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.704/2022, registered at Shrirampur City Police Station, District Ahmednagar for the offences punishable under Sections 376, 342, 452, 323, 504 and 506 of the Indian Penal Code, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount. (iii)The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS