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Bombay High CourtABA/384/2018allowed

Sagar S/O. Anil Khandare v. State Of Maharashtra Thr. P.S.O. Buldana City Dist. Buldana

2018-06-07Hon'Ble Shri Justice Rohit Baban Deo2 pages

aba384of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) 384 OF 2018 (Sagar s/o. Anil Khandare..vs.. State, thr PSO Buldhana City, Buldhana) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri A.J. Thakkar, counsel for applicant.

Shri T.A. Mirza, Addl. Public Prosecutor for respondent / State. CORAM: ROHIT B. DEO, J.

DATE: 7 th June, 2018.

Heard.

The applicant is apprehending arrest in Crime 256 of 2018 registered at Buldhana City Police Station for offence punishable under section 376 and 506 of the Indian Penal Code.

The First Information Report is lodged on 17.4.2018, the gist of which is that the accused subjected the prosecutrix to forcible sexual intercourse in July 2017. It is alleged in the report that the prosecutrix was ravished on multiple occasions since then and conceived out of the sexual relationship forced on her by the accused. The further statement in the report is that the prosecutrix was forced to terminate the pregnancy. It is then stated that the prosecutrix has again conceived which came to the light on 29.3.2018 when the prosecutrix underwent a sonography.

aba384of18.odt 2 The material on record would prima facie suggest a consensual relationship between adults. In this view of the matter, I am inclined to allow the application. The application is allowed.

In the event of arrest in Crime 256 of 2018 registered at Buldhana City Police Station, the applicant be released on furnishing personal bond of Rs. 15,000/- with a solvent surety of like amount.

The applicant shall cooperate the Investigating Agency and shall attend Buldhana City Police Station once in a week on Saturday between 10.00 a.m. to 12.00 p.m. The applicant shall not tamper with the evidence nor shall the applicant directly or indirectly attempt to influence the witnesses in any manner.

JUDGE RS Belkhede