Nikhil Rajaram Vaity v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3 OF 2024 Nikhil Rajaram Vaity ...Applicant versus The State of Maharashtra .... Respondent Mr. Nilesh Navale for the Applicant.

Ms. Pallavi N. Dabholkar APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 4th JANUARY 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R. No.376 of 2023 registered at Arnala Police Station under Section 354, 354-A, of IPC and under Section 8 of Protection of Children from Sexual Offences Act, 2012. 2.

Heard Mr. Nilesh Navale learned counsel for the Applicant and Ms. Pallavi N. Dabholkar, APP for the State. The allegations are that the victim who was 17 years of age was having love relationship with the Applicant. However, after a few days there was trouble in their relationship, the incident in Nikita

2 / 3 question occurred on 23rd November 2023. In that connection the First Information Report is lodged. Since it involves the provisions of Protection of Children from Sexual Offences Act, 2012, it is necessary to hear the informant. Considering the allegations in the First Information Report and also the admission that there was a love relationship between both of them, till the victim is served, the Applicant can be protected by way of interim relief.

3.

Hence, the following order :

O R D E R

(i) Learned counsel for the Applicant shall add the victim as a party respondent without revealing her identity. The amendment shall be carried out within a period of one week from today.

(ii) After the amendment is carried out, issue notice to the newly added respondent, returnable on 2nd February 2024.

(iii) The Investigating Officer shall inform the victim's family about the pendency of this application and the next date of listing. He shall make submission before the Court to that effect.

3 / 3 (iv) In the event of his arrest in connection with C.R.376 of 2023, registered at Arnala Police Station, till the next date, the applicant is directed to be released on his executing PR bond in the sum of Rs.30,000/-( Rs. Thirty Thousand Only) with one or two sureties in the like amount.

(v) This order shall operate till 2nd February 2024. (vi) Stand over to 2nd February 2024.

(SARANG V. KOTWAL, J.)