Narayan Tulshiram Doiphode And Another v. The State Of Maharashtra
1 928-ABA-1504-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1504 OF 2022 NARAYAN TULSHIRAM DOIPHODE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Mr. Uttam Bajirao Bondar, Advocate for Applicants Mr. N. T. Bhagat, APP for Respondents - State ...
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 24th NOVEMBER, 2022 PER COURT :
1.
Applicants are apprehending arrest in Crime No.0222/2022, registered with Kingaon Police Station, Latur for offence punishable under Sections 376, 377, 498-A, 323, 504, 506, 109 and 114 of the Indian Penal Code.
2.
FIR is lodged by Mohini, wife of Anand Doiphode, who is daughter-in-law of applicants. Total eight persons are implicated in FIR in question. Main allegations are against husband, who is accused No.1 in the FIR.
3.
Heard learned advocate for applicants and learned Additional Public Prosecutor for respondents - State. Perused the investigation papers.
4.
It appears from record that applicants are residing at Aurangabad, whereas offence is alleged to have been committed at
2 928-ABA-1504-22.odt Latur where informant and her husband are residing. Main allegations in respect of commission of offence under Sections 376 and 377 are against husband. FIR is lodged belatedly, after a period of one year. Vague and general allegations are levelled against present applicants that they have ill-treated informant. Hence, prima facie, at the most Section 498-A can be applied to the case of applicants.
5.
Investigation is almost complete. Applicants are granted interim protection. There is no allegation of non-cooperation in investigation on the part of applicants, by Investigating Officer. In the light of above facts, applicants deserve protection. 6.
Application is, therefore, allowed by confirming interim order dated 11/11/2022. Till filing of charge-sheet, applicants shall attend concerned police station as and when called by Investigating Officer. Applicants shall not tamper with protection evidence. (NITIN B. SURYAWANSHI, J.) SVH