Ningappa @ Nigappa Sidram Pujari v. The State Of Maharashtra

25-aba-2023-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 2023 OF 2021 Ningappa @ Nigappa Sidram Pujari ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr. Rajaram V. Bansode, for the Applicant.

Mr. R. M. Pethe, APP for the Respondent / State. ---- by MAMTA AMAR KALE Date:

2022.02.15 14:56:33 +0530 MAMTA AMAR KALE CORAM : C.V. BHADANG, J.

DATE : 14 FEBRUARY 2022 P.C.

.

Heard the learned counsel for the parties.

2.

By a detailed order dated 6 September 2021, the Applicant has been granted interim protection from arrest in Crime No.384/2021 of Police Station Akkalkot South, under Section 376, 365, 343 r/w. 34 of IPC.

3.

A perusal of the said order shows that this Court prima facie found substance in the submission made on behalf of the Applicant that the Applicant and the prosecutrix who is a grown up lady were in live-in relationship and there was an agreement dated 11 June Mamta Kale page 1 of 2

25-aba-2023-2021 2021 duly executed and notarised by the Applicant and the prosecutrix. Thus, this Court has prima facie found that the relationship was consensual.

4.

According to the learned counsel for the Applicant, the complaint came to be lodged after the relationship came to the knowledge of daughters and other relatives of the Complainant. 5.

Be that as it may, learned APP submitted that if this Court is inclined to confirm the interim protection, the Applicant may be directed to report the Investigating Officer, if required. 6.

In that view of the matter, the Criminal Application is disposed of in terms of the order dated 6 September 2021 which is hereby made absolute, subject to the condition that the Applicant shall report to the Investigating Officer as and when required and shall cooperate in the investigation and shall not tamper with prosecution evidence / witnesses.

C.V. BHADANG, J.

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