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Bombay High CourtABA/236/2020allowed

Prem Rupchand Rathod v. State Of Mah., Thr. P.S.O. P.S. Pusad Gramin, Tah. Pusad Distyavatmal

2020-07-21Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

55ABA 236.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 236 OF 2020 (Prem Rupchand Rathod, Yavatmal Vs. State of Maharashtra) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.M. Kukday, Advocate for the applicant. Shri S.B. Bissa, A.P.P. for the non-applicant/State. CORAM : PUSHPA V. GANEDIWALA, J.

JULY 21, 2020.

Heard Shri A.M. Kukday, learned Advocate for the applicant and Shri S.B. Bissa, learned A.P.P. for the non-applicant/State.

2.

The applicant is already protected by this Court by way of an ad interim anticipatory bail vide order dated 07/07/2020.

3.

A perusal of the affidavit-in-reply filed on behalf of the State does not reveal any substantial ground for custodial interrogation of the applicant. 4.

Undisputedly, the applicant as well as the prosecutrix are major and the First Information Report came to be lodged only when the minor son of the prosecutrix happened to witness the incident. 5.

The reply also does not reveal any criminal antecedent of the present applicant.

6.

For the reasons aforestated, I am inclined to allow the application and the same is accordingly allowed.

55ABA 236.2020 7.

The ad interim protection earlier granted to the applicant by this Court vide order dated 07/07/2020 is hereby confirmed on the same conditions.

8.

The Criminal Application is disposed of accordingly.

9.

This order be communicated to the counsel appearing for the parties, either on the email address or on Whats app or by such other mode, as is permissible in law.

JUDGE Sumit