Ranjeet S/O Diliprao Gawande v. The State Of Mah. Thr. Pso Ps Dattapur Tq.Dhamangaon Railway Dist.Amravati And Another

26aba751.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 751 OF 2022 Ranjeet s/o Diliprao Gawande .Vs. State of Maharashtra, thr. PSO., PS Dattapur, Tq. Dhamangaon Railway, Dist. Amravati.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms S.H Bhagat, Advocate h/f Mr P.R. Agrawal, Advocate for the applicant. Mr N.R. Roade, A.P.P. for the non-applicant No.1/State. CORAM : ANIL S. KILOR, J.

DATED : 22/11/ 1.

Heard.

2.

None for the non-applicant No.2, though served. 3.

The applicant is seeking pre-arrest bail in connection with Crime No. 562/2022, registered with Police Station Dattapur, Tq., District: Yavatmal, for the offences punishable under Sections 354, 504, 506 of the Indian Penal Code,1860 and Section 12 of the Protection of Children from Sexual Offences Act, 2012.

4.

In this case, the offence was registered on a complaint by the informant alleging that, the accused caught hold the hand of his niece and threatened her.

5.

After going through the case-diary, prima-facie no incriminating material is found against the applicant. More particularly, there is no independent witness to the said incident.

6.

Thus, considering the material collected by the Investigating Officer during the investigation and though rkn

26aba751.2022.odt the learned APP is opposing the present application, I am of the opinion that, in absence of any incriminating material against the applicant, custodial interrogation of the applicant is not necessary. Accordingly, I pass the following order:

a) The criminal application is allowed.

b) The order granting ad interim anticipatory bail dated 21/10/2022, is hereby confirmed.

c) The applicant shall attend the concerned Police Station as and when his presence is required.

JUDGE Signed By:RAJESH K NANDURKAR rkn