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Bombay High CourtABA/482/2015allowed

Namrata @ Sonubai W/O Gajanan Gabhane v. State Of Maharashtra, Through P.S.O. P.S. Aaroli (Gramin), Nagpur

2015-10-19Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [ABA] No. 482 of 2015 [Namrata @ Sonubai wife of Gajanan Gabhane Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. A.K. Bhangde, Adv., for the Applicant.

Mrs. Deshmukh, APP for respondent-State.

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CORAM

:

V.M. DESHPANDE, J.

DATE :

19th October, 2015.

Heard Mr. A.K. Bhangde, learned counsel for the applicant and learned APP Mrs. Deshmukh for the respondent-State in extenso.

The applicant is apprehending her arrest in connection with Crime No. 52/2015 registered with Police Station, Aaroli, Distt. Nagpur, for the offences punishable under Sections 354-A (2), 354-B, 506, 452, 376 (1) read with Section 34 of Indian Penal Code.

Learned APP Smt. Deshmukh submits that she is having all the original case papers and she is able to state the case of the prosecution on the basis of the same.

The First Information Report is lodged by the prosecutrix herself. She is twenty-five years of age. With the assistance of both the learned counsel, I have examined the prosecution case. The main allegations are against the co-accused Raju and Ravi. It is reported that both are behind the bars. The learned APP fairly submitted that except the allegation against the present applicant to the extent that the present applicant came to the house of the prosecutrix, and as per the FIR, she asked the prosecutrix that she should allow the other co -accused persons to have physical relations with her, there are no other accusations.

With this type of allegations against the present applicant, in my view, the custodial presence of the applicant is not warranted. That leads me to pass the following order:-

O R D E R

[a] Criminal Application [ABA] No. 482 of 2015 is allowed.

[b] In the event of arrest of the applicant in

connection with Crime No. 52/2015 registered with Police Station, Aaroli, Distt. Nagpur, for the offences punishable under Sections 354-A (2), 354-B, 506, 452, 376 (1) read with Section 34 of Indian Penal Code, the applicant - Namrata @ Sonubai Gajanan Gabhane be released on bail on her executing a Personal Bond of Rs. 15,000/- [rupees fifteen thousand only] with one solvent surety in the like amount.

Judge |hedau|