Prasad S/O Murlidhar Bhagat v. State Of Mah., Thr. Pso Ps Ladkhed Dist Yavatmal

aba498.19 6

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.498/2019 Prasad s/o Murlidhar Bhagat ..vs..

State of Maharashtra, thr. PSO PS Ladkhed, District Yavatmal ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri R.J.Shinde, Counsel for the Applicant.

Shri S.S.Doifode, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : AUGUST 19, 2019.

1.

Heard learned counsel Shri R.J.Shinde for the applicant and learned Additional Public Prosecutor Shri S.S.Doifode for the State.

2.

The applicant is apprehending his arrest in connection with Crime No.179/2019 registered with Ladkhed Police Station, District Yavatmal for offences under Sections 376(2)(n) and 506 of the Indian Penal Code. 3.

First Information Report is lodged by victim herself. Report is lodged on 29.5.2019.

4.

From the First Information Report and from reply filed by the prosecution, it is clear that victim is a married woman and is blessed with a son.

5.

As per the prosecution case, prior to marriage of victim she was in love affairs with the applicant and after she blessed with a son, when she came to her parental house, the .....2/-

aba498.19 6 applicant promised her that he would marry with her and established sexual intercourse.

6.

In the light of aforesaid allegations made in the First Information Report and when applicant has already scrupulously followed conditions and cooperated with Investigating Officer, as directed by this Court (Coram : Manish Pitale, J.) on 24.7.2019, in my view, the applicant is entitled to be released on anticipatory bail in connection with Crime No.179/2019 registered with Ladkhed Police Station, District Yavatmal for offences under Sections 376(2) (n) and 506 of the Indian Penal Code.

7.

Consequently, the criminal application is allowed. Order dated 24.7.2019 is made absolute. The applicant shall attend the police station as and when required by Investigating Officer, till filing of chargesheet. However, for that Investigating Officer shall give him a clear cut 72 hours written communication.

8.

The criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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