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Bombay High CourtBA/350/2016allowed

Ravi S/O Ashok Shukla (In Jail) v. The State Of Maharashtra Through P.S.O. Of P. S. Gondia City

2016-04-28Hon'Ble Shri Justice Z.A. Haq2 pages

ba350.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.350 OF 2016 RAVI S/O ASHOK SHUKLA V/S THE STATE OF MAHARASHTRA, THROUGH THE P.S.O. OF P. S. GONDIA CITY, GONDIA TAHSIL AND DISTT. GONDIA ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri I.S. Charlewar, Advocate for the applicant. Shri R.S. Nayak, Addl.P.P. for the non-applicant/State.

CORAM

: Z.A. HAQ, J.

DATED : APRIL 28, 2016.

Heard Shri I.S. Charlewar, Advocate for the applicant.

The applicant is arrested on 18.3.2016 in the crime registered against him for the offence punishable under Sections 376(1) and 417 of the Indian Penal Code on the complaint lodged by the prosecutrix (aged about 28 years) to the effect that the applicant promised to marry her and under this misrepresentation exploited her sexually. According to the investigating agency, the applicant and the complainant knew each other and in January, 2013, the applicant mixed some sedative in the cold drinks served to the complainant in a marriage party and under the influence of it, sexually exploited .....2/-

ba350.16 her. The complaint is lodged on 15.3.2016.

With the assistance of the learned Advocate for the applicant and the learned Additional Public Prosecutor, I have examined the First Information Report and the say of the investigating officer filed before the Sessions Court.

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

Hence, the following order:- The applicant having been arrested in Crime No.50 of 2016 registered by the non-applicant, he be released on bail on furnishing P.R. Bond for Rs.25,000/- and one solvent surety in the like amount.

The application is allowed accordingly.

JUDGE !! BRW !!

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