Ashok Govindrao Tidke v. The State Of Maharashtra, Thr. P.S.O. P.S. Mana, Tq. Murtizapur, Dist. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.448/2019 Ashok Govindrao Tidke ..vs..

The State of Mah., thr. Police Station Officer, Police Station Mana, Taluka Murtizapur, District Akola ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri R.A.Bagade, Counsel for the Applicant.

Shri M.J.Khan, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : AUGUST 27, 2019.

1.

Heard learned counsel Shri R.A.Bagade for the applicant and learned Additional Public Prosecutor Shri M.J.Khan for the State. Also, perused reply filed on behalf of the State.

2.

The applicant is apprehending his arrest in connection with Crime No.56/2019 registered with Mana Police Station, Taluka Murtizapur, District Akola for offences under Sections 353 and 354-B of the Indian Penal Code. 3.

First Information Report is lodged by victim herself who is a conductor working with the Maharashtra State Road Transport Corporation. According to the complaint, on day of incident i.e. 7.3.2019, the applicant caught her hand with a bad intention. Investigation papers also show statement of one Rameshwar who supported .....2/-

victim.

4.

Learned counsel Shri R.A.Bagade for the applicant, invited my attention to page No.37 of compilation of this application which is dated 23.1.2019 which shows that the applicant lodged a complaint against the first informant.

5.

This Court (Coram : Manish Pitale, J.), on 9.7.2019 granted ad interim protection in favour of the present applicant on condition that the applicant shall join investigation and shall be available before Investigating Officer as and when required.

6.

Learned Additional Public Prosecutor Shri M.J.Khan for the State, submitted that as per order dated 9.7.2019 the applicant attended the police station and joined investigation.

7.

Looking to fact that previous complaint filed by the applicant is pending against the first informant of this crime and the applicant has already joined investigation, in my view, personal liberty of the applicant can be secured, however at the same time interest of justice can also be secured. Accordingly, I pass following order:

ORDER

(i) The criminal application is allowed.

(ii) In the event of arrest of the applicant, in connection with Crime No.56/2019 registered with Mana Police Station, Taluka Murtizapur, District Akola for offences under Sections .....3/-

353 and 354-B of the Indian Penal Code, he be released on bail on he executing a P.R.Bond in the sum of Rs.15,000/- with one solvent surety of the like amount.

(iii) The applicant is directed to attend the police station on 31.8.2019 and 1.9.2019 to 5.9.2019 and shall be in the police station from 11:00 a.m. to 5:00 p.m..

(iv) With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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