Rajesh Dinkar Deshmukh v. The State Of Maharashtra Thr Patur Ps, Tq Patur, Dist. Akola

2025:BHC-NAG:13281 1 05-aba 728.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 728 OF 2025 ( Rajesh S/o Dinkar Deshmukh vs. State of Maharashtra, through Patur Police Station, and anr. ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. B.K.Suchak, Advocate for applicant.

Mr. V.A.Thakre, APP for respondent No.1.

Mr. Santosh Sharma, Advocate for respondent No.2. CORAM : MRS. VRUSHALI V. JOSHI, J.

DECEMBER 01, 2025 1) Heard learned counsel for the respective parties. 2) The applicant is apprehending his arrest in Crime No.256/2025 registered with Police Station Patur, Taluka Patur, District Akola for the offence punishable under Sections 74, 75(1), 78, 115(2), 296, 351(3), 351(4) and 352 of the Bharatiya Nyay Sanhita, 2023.

3) It is alleged that applicant, who is having illicit relations with the mother of the victim has followed her. The offence of stalking is registered against the applicant on complaint lodged by the victim. It is also alleged that he had snatched her Odhani and hold her hand.

4) The counsel for the applicant stated that there is a delay of near about 10 months in lodging the FIR. The applicant was having illicit relations with the mother of the victim and therefore, there was dispute between the family of the victim and the applicant and therefore, complaint is lodged.

2 05-aba 728.2025.odt 5) Learned APP opposed the application stating that the applicant has given threat and also assaulted the father of the victim. The specific allegation is about outraging her modesty. Hence, prayed to reject the application.

6) Learned appointed counsel for the victim also opposed the application stating that there is video of giving threats to the victim. The applicant has also assaulted her father. The applicant was having an affair with the mother of the victim and he started stalking the victim and therefore, the complaint was lodged. To restrain applicant from indulging such kind of activities, his custodial interrogation is necessary. Hence, he prayed for rejection of the present application. 7) The applicant is 28 years of age. He was having illicit relations with the mother of the victim and therefore, there was dispute between the family members of the victim and the applicant. The allegation is made against the applicant that he was stalking the victim. The mother of the victim has given a statement stating that the applicant had illicit relations with her, and also had bad eye on her daughter.

8) Considering the delay in lodging FIR and the dispute between the family and the applicant, the applicant is protected by granting anticipatory bail. Accordingly, I pass following order :-

O R D E R

1.

The application is allowed.

2.

It is directed that in the event of arrest of the applicant - Rajesh S/o. Dinkar Deshmukh in connection with Crime No.256 of 2025 registered with

3 05-aba 728.2025.odt Police Station Patur, Taluka Patur, District Akola for the offence punishable under Sections 74, 75(1), 78, 115(2), 296, 351(3), 351(4) and 352 of the Bharatiya Nyay Sanhita, 2023, shall be released on bail on furnishing P.R. Bond in the sum of Rs.20,000/- (Rupees Twenty Thousand) with one solvent surety in the like amount.

3.

The applicant shall not in any way tamper with the prosecution evidence.

4.

The applicant shall not pressurise or threaten the prosecution witnesses.

5.

The applicant shall attend the concerned Police Station daily between 1.00p.m. to 2.00p.m. till filling of the charge-sheet.

6.

The applicant shall co-operate the Investigation Officer.

( MRS. VRUSHALI V. JOSHI, J. )