Govind Badrinarayan Rathi And Another v. State Of Maharashtra, Thr. P.S.O. Vasant Nagar, Pusad, Yavatmal

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.476 of 2016 (Govind Badrinarayan Rathi and another vs.

State of Maharashtra, through P.S.O. Vasant Nagar, Pusad, Dist. Yavatmal) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri U.J. Deshpande, Advocate for the Applicants. Shri N.R. Patil, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 14 th SEPTEMBER, 2016.

Heard the learned Counsel for the applicants and the learned A.P.P. for the State.

The learned Counsel for the applicants submits that the complainant had earlier also made false allegations against her first husband and later on there was a divorce between herself and her first husband. He submits that the complainant has once again levelled false allegations against applicant No.1, who is her second husband and applicant No.2, who is the brother of applicant No.1.

While, it is not necessary for this Court to go into the submissions made on behalf of the applicants, it being in the nature of defence, what comes out is the fact that custodial interrogation of the applicant would not be required in this case. Then, the possibility of the applicants misusing their liberty also does not appear to be there, as the complainant has already left

2/3 her matrimonial house and residing presently at the house of her paternal uncle.

In these circumstances, I am of the view that the applicants deserve to be granted anticipatory bail. Hence, the order.

The application is allowed and the interim anticipatory bail granted to the applicants on 20/07/2016 is hereby confirmed on the same conditions.

The application is disposed of in the aforesaid terms. JUDGE *sdw

3/3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 15/09/2016 P.A. to the Hon'ble Judge.