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Bombay High CourtABA/153/2022allowed

Ashish S/O Dilip Gajbhiye v. The State Of Mah. Thr. Pso Ps Chimur Tah.Chimur Dist.Chandrapur

2022-03-28Hon'Ble Shri Justice Anil S. Kilor2 pages

1 11-aba-153-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.

OF 20 (ASHISH DILIP GAJBHIYE....VS.. STATE OF MAH. THR. PSO PS CHIMUR, DIST. CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. R.Borkar, Advocate for Applicant.

Shri V.A.Thakre, A.P.P. for Non-applicant /State. CORAM : A NIL S. KILOR , J.

DATED : MARCH 28 , 20 .

1.

Heard.

2.

The applicant is praying for grant of pre-arrest bail in Crime No.46/2022, registered with Police Station, Chimur, District : Chandrapur for the offence punishable under Section 376(2)(n) of the Indian Penal Code. The allegations are that on the false promise of marriage the applicant has established physical relations with the complainant and later on married with another girl. 3.

I have perused the case diary and also I have gone through the contents of the F.I.R.

4.

Even, if the contents of the F.I.R. are taken at its face value, prima-facie it appears that there were consensual physical relations between the applicant and the complainant. Moreover, the applicant was granted adinterim anticipatory bail vide order dated 10/03/2022 and

2 11-aba-153-22 he has been attending the Police Station and there is no complaint about the misuse of the concession by the applicant. In that view of the matter, I pass the following order:

i) The application is allowed.

ii) The order dated 10/03/2022, granting adinterim anticipatory bail, is hereby confirmed with modification that the applicant shall attend the concerned Police Station as and when his presence is required.

The Criminal Application stands disposed of accordingly.

JUDGE RRaut..

Signed By:RAJIV BABARAO RAUT PRIVATE SECRETARY