Nitin S/O Ramrao Maske v. The State Of Maharashtra, Through P.S.O. Khandala, Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.538 OF 2015 Nitin S/o Ramrao Maske ..vs..

The State of Mah., the Police Station Officer, Khandala, Taluka Pusad, District Yavatmal ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri K.S. Narwade, counsel for the applicant. Mrs. M.H. Deshmukh, Addl. P.P. for the NA/State.

CORAM

: V.M. DESHPANDE, J.

DATED : OCTOBER 27, 2015.

Heard.

By the present application under Section 438 of the Code of Criminal Procedure, the applicant is seeking the relief of pre-arrest bail since the applicant is apprehending his arrest in connection with Crime No.61 of 2015 registered with Police Station Khandala, District Yavatmal for the offences punishable under Sections 354A(2), 354D(2), 506 of the Indian Penal Code and Section 3(1)(xi) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR is lodged by the prosecutrix having twenty five years of her age. She is widow. She resides at Khairkheda after death of her husband. According to the .....2/-

allegations made against the present applicant in the FIR that the present applicant used to follow the prosecutrix and was having evil eye on her. According to FIR, on 12.7.2015, the present applicant has given two slaps on the back of the prosecutrix. These are the only allegations made against the present applicant.

In view of above, in my view, the custodial presence of the present applicant is not necessary. However apprehension of the prosecution can be taken care of by imposing certain conditions on the present applicant. Hence, the following order :

ORDER

1] The criminal application for grant of anticipatory bail is allowed.

2] In the event of arrest of the applicant in connection with Crime No.61 of 2015 registered with Police Station Khandala, District Yavatmal for the offences punishable under Sections 354A(2), 354D(2), 506 of the Indian Penal Code and Section 3(1)(xi) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, applicant - .....3/-

Nitin S/o Ramrao Maske be released on bail on his executing Personal Bond of Rs.20,000/- (Rupees Twenty Thousand Only) with one solvent surety in the like amount.

3] The applicant shall attend Police Station Khandala, District Yavatmal on 30.10.2015, 31.10.2015, and on 2.11.2015. On these dates, the applicant shall remain with the investigating officer between 10:00 am to 5:00 pm.

With these directions and observations, the criminal application is allowed and disposed of. JUDGE !! BRW !!

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