Bombay High CourtABA/253/2017allowed

Abhilash S/O. Ashok Patle v. State Of Maharashtra Thr. Police Station Officer Police Station Ramnagar Dist. Chandrapur

2017-07-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba253.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.253/2017 Abhilesh S/o Ashok Patle ..Vs..

State of Maharashtra, through PSO PS Ramnagar, Tq. and Distt. Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Sirpurkar, Adv. for the applicant.

Shri T.A. Mirza, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 3.7.2017.

Heard.

The applicant seeks pre-arrest bail apprehending arrest in connection with crime registered against him for offence punishable under Sections 376(2)(n), 417 and 313 of the Indian Penal Code. The crime is registered on the complaint lodged by prosecutrix (aged about 22 years) that assuring to marry the prosecutrix, the applicant has sexually exploited her. According to the prosecutrix, she was acquainted with the applicant since 2012 and the applicant maintained physical relations with her because of which she developed pregnancy in August, 2016. The complaint is lodged on 30th March, 2017.

The applicant, aged about 24 years, claims to be a student and has stated that he is not involved in any

2 aba253.17 other crime / offence.

This Court has granted protection to the applicant by order passed on 17th April, 2017 with condition that the applicant shall attend police station and co-operate with the investigating agency. The investigating agency has not complained that the applicant has not co-operated with it. The non-applicant has not been able to show that custody of the applicant is required for further investigation.

Considering the facts of the case, the order passed by this Court on 17th April, 2017 granting protection to the applicant is confirmed.

The application is allowed accordingly.

JUDGE Tambaskar.