Yuvraj Vamanrao Shinde v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 197 OF 2024 YUVRAJ VAMANRAO SHINDE ..APPELLANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS Mr.Anand S.Patil, for the Applicant.

Ms.Megha Bajoria, APP for the State.

PSI-Ms.Punam Patil, Swargate police station present. CORAM : M. S. KARNIK, J.

DATE : MARCH 01, 2024 P.C. :

1.

Heard learned counsel for the appellant and learned APP for the State.

2.

This is an appeal in respect of the offence punishable under sections 323, 376, 504, 506 read with 34 of the Indian Penal Code, 1860, under sections 3(1)(r),(s), 3(1) (xii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered against the appellant on 07/01/2024 vide C.R. No.7 of 2024 with Swargate police station, Pune 3.

The date of the FIR is 07/01/2024. The appellant is working in police department as a Police Sub-Inspector. 1/3

The prosecutrix alleged that she was knowing the appellant since college days. The appellant had proposed a love relationship to the prosecutrix while in college which she turned down. Thereafter she was not in contact with the appellant. The prosecutrix married in 2012 which marriage ended in divorce. She is having a son out of this wedlock. It is alleged that the appellant contacted the prosecutrix in 2021 when she was working in Pune. He proposed a love relationship. The prosecutrix alleged that the appellant promised that he will take divorce from his wife and marry the prosecutrix. On false pretext of such promise of marriage, the appellant entered into physical sexual relationship with the prosecutrix. It is then alleged that on 04/12/2023, the appellant as well as his wife abused the prosecutrix in the name of her caste. There is delay in lodging the FIR. Prima facie, the relationship appears to be consensual in nature.

4.

Learned APP to take instructions.

5.

Issue notice to the respondent no.2, returnable on 28/03/2024. Learned APP waives service of notice on behalf of respondent no.1-State.

2/3

6.

The investigating officer to inform the respondent no. 2 about her right to be represented in these proceedings either through her advocate or through the legal aid. 7.

The appellant needs to be protected by an interim order. Hence, the following order :-

O R D E R

(a) In the event of arrest, the appellant- Yuvraj Vamanrao Shinde in connection with C.R. No.7 of 2024 registered with Swargate police station, Pune shall be released on bail on his furnishing P.R. Bond of Rs.10,000/- with one or more sureties in the like amount.

(b) The applicant shall co-operate with the investigation and shall report the investigating officer of Swargate police station, Pune on 05/03/2024 and 06/03/2024 between 11.00 a.m. and 1.00 p.m.

(M. S. KARNIK, J.) 3/3 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 01/03/2024 13:42:04