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Bombay High CourtBA/1317/2020disposed off

Gaurav Sanjay Gayakwad v. State Of Maharashtra, Thr. Pso Ps Pusad, Tah. Pusad, Dist. Yavatmal

2021-01-06Hon'Ble Smt. Justice Pushpa V. Ganediwala3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1317 OF 2020 Gaurav Sanjay Gayakwad Vrs.

State of Maharashtra, thr. P.S.O., P.S. Pusad, Tah. Pusad, Dist. Yavatmal -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri R.B. Dhore, Adv. for the applicant.

Mrs. S.S. Jachak, APP for the non-applicant / State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 06, 2021.

Heard.

2.

The applicant is seeking bail in Crime No.

342/2020 registered at Police Station Pusad, Tah. Pusad, Dist. Yavatmal, for the offence punishable under Sections 292, 354-D, 354-C, 384, 385, 500 and 506 read with Section 34 of the Indian Penal Code and Section 67(A) of the Information Technology Act, 2000.

3.

I have perused the application, affidavit-inreply filed on behalf of the State and the charge-sheet with the assistance of learned counsel on behalf of both the sides.

4.

At the outset, the applicant along with his wife and mother-in-law arraigned as an accused in this crime.

5.

The informant - Shital Kamdar in her report states that, the applicant along with co-accused prepared her obscene photographs using advance technology and

gave threats to publish the same and demanded amount of Rs. 20,00,000/- by way of extortion and the allegations of outrage modesty of the complainant against the present applicant.

6.

Learned counsel for the applicant submits that in order to save her from defamation about the illicit relations of the complainant with the present applicant, a false complaint came to be lodged against the applicant and his family members.

7.

A perusal of the charge-sheet, at first instance, appears substance in the case of the applicant. 8.

Be that as it may. The investigation is completed and the charge-sheet is also filed. Considering the nature of the offence which is punishable for five years and triable by the Court of Magistrate, this Court is inclined to grant him bail. Hence, the following order : : (i) The applicant - Gaurav Sanjay Gayakwad shall be released on bail on executing Personal bond of Rs. 25,000/- (Rs. Twenty five thousand only) with one surety in the like amount.

(ii) The applicant shall not issue threats to the witnesses or tamper with the evidence.

(iii) The applicant to attend the concerned police station once in a month i.e. on every first Monday of the month between 12.00 noon and 2.00 p.m.

9.

Needless to mention that the observations made in this application are strictly for deciding the present application of the applicant and the trial Court shall not get influenced by the same and shall be free to decide the matter on its merits.

10.

The criminal application is disposed of accordingly.

JUDGE D.S. Baldwa