Daji Pitambar Gadhire v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1328 OF 2024 Daji Pitambar Gadhire .....Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Ritesh Thobde, Advocate a/w. Zubi Ansari, Ankita Rai for the Applicant.

Ms. Rajeshree V. Newton, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 09th MAY, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.1074/2019 registered with Pandharpur City Police Station, District-Solapur under Sections 376, 417, 384, 385, 500, 506 read with 34 of IPC and under Sections 3 & 25 of the Arms Act.

2.

Heard Mr. Ritesh Thobde, learned counsel for the Applicant and Ms. Rajeshree Newton, learned APP for the Respondent-State.

Deshmane(PS)

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3.

Learned APP seeks time as the investigating officer is not present. Therefore, I have heard the parties for consideration of ad-interim relief.

4.

Learned counsel for the Applicant submitted that the investigation in this case is over and the charge-sheet is already filed. The main accused Abhiraj is already arrested and is released on regular bail. He submitted that there are hardly any allegations against the present Applicant who is the maternal uncle of Abhiraj.

5.

I have perused the FIR lodged by the victim herself. She has stated that in 2013 she got acquainted with the main accused Abhiraj. She thereafter mentioned as to how Abhiraj got closer to her and how under threats he established physical relations with her. There are allegations that he had extracted money from her family to keep their affairs secret. The only allegations against the present Applicant are that the Applicant had told some persons that the victim and the main accused Abhiraj were married. Beyond that there are no allegations against the Applicant.

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In the charge-sheet there are no such statements of any of the witnesses stating that the Applicant had told him that Abhiraj and the victim were married.

6.

Considering these submissions and the vague reference to the Applicant in the FIR, he can be protected by way of ad-interim relief, till the next date. 7.

Hence, the following order:

O R D E R

(i) In the event of his arrest in connection with C.R.No.1074/2019 registered with Pandharpur City Police Station, District-Solapur , till the next date, the Applicant be released on bail on his executing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) This order shall operate till 5.7.2024.

(iii) The Applicant shall attend the concerned Police Station as and when called and shall cooperate with the investigation.

(iv) Stand over to 5.7.2024.

(SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2024.05.10 12:16:12 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE