Nemichand Shamrao Gondane v. State Of Maharashtra Thr. Police Station Officer Police Station Ganesh Peth Nagpur

1 aba846.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (ABA) No. 846 of 2016 Nemichand v. The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. R. Vyas, Advocate for applicant Shri V. P. Maldhure, APP for respondent-State Coram : S. B. Shukre, J Dated : April 27, 2017 Heard. Perused the First Information Report and reply of the prosecution.

Though this application has been opposed by learned Additional Public Prosecutor, I do not think that the opposition could be said to be with any reasonable basis at least at this stage. It is apparent from the allegations made in the First Information Report that prosecutrix was well aware of the fact that the applicant was a married person having two children, before physical relations were established. Now, it is a different matter that the prosecutrix says that coercion was involved and that the applicant had promised to marry with her on giving divorce to his wife. It is significant to note that the physical relations were established about 4/5 years back. In these circumstances, I am of the view that this is a fit case for grant of confirmed anticipatory bail to the applicant.

Application is allowed and the interim bail granted by this Court on 27.12.2016 is hereby confirmed on

2 aba846.16 the same conditions with the clarification that the applicant may attend the Police Station as and when required. JUDGE joshi