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Bombay High CourtABA/75/2020disposed off

Suraj S/O Prakash Tripathi v. State Of Mah., Thr. P.S.O. Ps Mankapur, Nagpur

2020-12-17Hon'Ble Shri Justice Rohit Baban Deo2 pages

902 aba75.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) 75 OF 2020 Suraj s/o Prakash Tripathi Vs. State of Maharashtra, through PSO, PS Mankapur, Nagpur _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. S.A. Jaiswal, Advocate for applicant.

Mr. N.R. Rode, APP for non-applicant.

Mr. P.A. Abhyankar, Advocate for intervenor.

CORAM : ROHIT B. DEO, J.

DATE : DECEMBER 17, 2020.

Heard.

(2) The applicant is apprehending arrest in Crime 18/2020 registered with Police Station, Mankapur, Nagpur for the offence punishable under Sections 354, 354A and 354D(1)(2) of the IPC, which is registered on the basis of complaint lodged by Ms. Nilima Jaiswal.

(3) Vide order dated 04.02.2020, this Court extended interim pre arrest protection subject to certain conditions. (4) Learned APP Shri Nitin Rode fairly states that statements of witness are recorded and the investigation is completed.

(5) It would not be necessary to make any decisive observation on the allegations and counter allegations.

902 aba75.20.odt (6) There are two versions. According to the complainant, she was sexually harassed since 2016 or thereabout, the version of the applicant is obviously different. It would be appropriate that the trial Court, if the prosecution files the charge-sheet, takes a call. (7) Custodial interrogation is not necessary. The applicant has no antecedent and appears to be a happily married man. There is no likelihood of the applicant not being available to face the trial. The interim pre arrest protection granted vide order dated 04.02.2020 is made absolute.

JUDGE Wagh