Shrikant S/O Asaram Sawarbandhe v. The State Of Maharashtra, Through P.S.O. P.S. Lakhandur, Bhandara

1 aba182.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.182 OF 2016 (Shrikant s/o Asaram Sawarbandhe ..vs.. The State of Maharashtra, through PSO, PS Lakhandur, District Buldhana) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 23-03-2016 Heard Shri R.A. Gupte, Advocate for the applicant and Shri A.D. Sonak, Additional Public Prosecutor for the non-applicant.

2.

With the assistance of the learned Advocate for the applicant and learned Additional Public Prosecutor for the non-applicant, I have gone through the copy of First Information Report and copy of say of the nonapplicant which was filed before the Sessions Court. 3.

The applicant is seeking pre-arrest bail apprehending arrest in crime registered against him for offences punishable under Sections 376 and 417 of the Indian Penal Code.

4.

The crime is registered against the applicant on the complaint filed by the complainant (aged about 23 years) that in 2012 the applicant had been to her house for installation of television and disc antenna, the

2 aba182.16 applicant became friend and since then the applicant used to come to her house and promising to marry her committed sexual intercourse with her. It is alleged that the applicant has committed sexual intercourse on several occasions till 17-02-2016. The complaint is filed on 04-03-2016.

Considering the nature of accusations, the facts on record and as the non-applicant has not been able to show that custody of the applicant is required for further investigation, in my view, the applicant is entitled for pre-arrest bail.

5.

Hence, the following order :

i) In the event of arrest in Crime No.17/2016 registered by the non-applicant, the applicant be released on bail, on furnishing P.R. Bond for Rs.5,000/-.

ii) The application is allowed accordingly.

JUDGE pma