Bombay High CourtABA/459/2017allowed

Shubham S/O. Dinesh Goyal v. State Of Maharashtra Thr. P.S.O. P.S., Khadan Akola

2017-06-29Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba459.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.459/2017 Shubham S/o Dinesh Goyal ..Vs..

State of Maharashtra, through Police Station Officer, Police Station, Khadan, Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vipul Bhise, Adv. for the applicant.

Shri V.R. Thakre, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 29.6.2017.

Heard.

The applicant, apprehending arrest in crime registered against him for the offence punishable under Sections 376, 377, 354-A, 420, 427, 294, 504, 506 read with Section 34 of the Indian Penal Code, has sought pre-arrest bail.

The crime is registered on the complaint lodged by prosecutrix, aged about 19 years, that the applicant forced her to marry with him by giving threat of committing suicide and then gave threat of throwing acid on her face and forcibly committed rape and unnatural intercourse.

The facts of the case show that the prosecutrix had lodged the complaint with the police of which cognizance was not taken and then the prosecutrix filed

2 aba459.17 complaint under Section 156(3) of the Criminal Procedure Code and pursuant to the directions given by the learned Magistrate the crime is registered against the applicant.

Considering the facts of the case, nature of accusations against the applicant and as the non-applicant has not been able to show that custody of the applicant is required for further investigation, following order is passed:

In the event of arrest in Crime No.237/2017 registered by the non-applicant, the applicant be released on bail on executing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand).

The application is allowed in the above terms. JUDGE Tambaskar.