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Bombay High CourtABA/2175/2024disposed off

Vishwajit Baburao Gaikwad v. The State Of Maharashtra

2025-01-17Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:1350 1 918

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 ANTICIPATORY BAIL APPLICATION NO. 2175 OF 2024 VISHWAJIT BABURAO GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Chetan S. Damre (Through VC) APP for Respondent/State: Mr. S. M. Ganachari ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 17th JANUARY, 2025 PER COURT:

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.0538/2024, dated 05.10.2024, registered at Aundhanagnath Police Station, District Hingoli, for the offences punishable under Sections 64, 351(2) & (3), 3(5) of the BNS.

3] Perused the FIR. Prima facie, the relations were consensual between the applicant and the victim. The allegation that the victim was pregnant is also not borne out from the medical record. 4] In view of the above, the application is allowed in the following terms :

i] In the event the applicant is arrested in connection with Crime No.0538/2024, dated 05.10.2024, registered at

2 918 Aundhanagnath Police Station, District Hingoli, for the offences punishable under Sections 64, 351(2) & (3), 3(5) of the BNS, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when required by the Investigating Officer.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court. 5] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 6] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 7] The application stands disposed of.

[ARUN R. PEDNEKER, J.] marathe