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Bombay High CourtABA/606/2021allowed

Swapnil S/O Kishorrao Srirao v. State Of Mah. Thr. Pso Ps Cityyavatmal Tq. And Dist.Yavatmal

2021-12-06Hon'Ble Shri Justice Vinay Joshi3 pages

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 606 OF 2021.

Swapnil Kishorrao Srirao -VersusState of Maharashtra, through P.O. City Yavatmal. Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders Shri C.A. Joshi, Advocate for the Applicant.

Shri S.D. Shirpurkar, A.P.P. for the Non-applicant. CORAM : VINAY JOSHI, J.

DATE : DECEMBER 06, Heard.

2.

Victim girl lodged a report regarding sexual harassment and dowry demand. It is her case that her marriage was settled with the applicant on 09.03.2021. Thereafter the applicant telephonically called her and raised indecent demand. The applicant also demanded dowry in the form of four wheeler, gold and other articles.

3.

The State while resisting the bail has contended that the applicant had demanded sexual favours from the victim

prior to her marriage. Moreover, the applicant asked her to send indecent photographs.

4.

The applicant would submit that when he came to know that there were objectionable material of victim on internet, he had enquired with her, on which she gave threats and lodged false report.

5.

Besides the offence punishable under Section 4 of the Dowry Prohibition Act, rest of the offence are bailable. The offence punishable under the Dowry Prohibition Act attracts maximum punishment which may extend to 2 years. The prosecution has not specified the need of seizure of anything or custodial interrogation. Having regard to the nature of accusation, applicants liberty can be protected by directing him to cooperate with the investigating agency. In view of that, following order is passed.

(i) Criminal Application is allowed and disposed of.

(ii) The interim order dated 14.09.2021 passed by this Court is hereby made absolute on the same terms and condition.

(iii) The applicant/accused shall continue to attend the concerned police station till the filing of charge sheet or for a period of 60 days, which ever is earlier.

JUDGE Rgd.

RAKESH GANESHLAL DHURIYA 07.12.2021 11:29