Xyz v. State Of Maharashtra

14_BA3841_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3841 OF 2023 Raja Roshanlal Sengar ...

Applicant Vs.

State of Maharashtra ...

Respondent WITH INTERIM APPLICATION NO.59 OF 2024 IN BAIL APPLICATION NO.3841 OF 2023 --- Ms. Anjali Patil a/w. Mr. Tohid Shaikh for Applicant. Mr. Tanveer G. Khan, APP for Respondent-State. Ms. Priyanka Dable (through VC) a/w. Ms. Pramila Sathe for Intervenor. Mr. Tukaram Mengal, PSI, Arey Police Station, Mumbai. CORAM : MANISH PITALE, J.

DATE : NOVEMBER 25, 2024 P.C. :

.

Having heard Ms. Patil, learned counsel for the applicant, Mr.Khan, learned APP for the respondent-State and Ms. Dable, learned counsel for the intervenor (first informant), this Court is of the opinion that in the light of the extremely serious allegations levelled against the applicant about certain objectionable videos being uploaded on porn websites and other such allegations, the learned APP will have to sift through the charge-sheet and place before this Court relevant documents to indicate the prima facie material against the applicant as regards the aforesaid serious allegations made by the informant. 2.

This is particularly in the backdrop of a specific contention raised on behalf of the applicant that the informant and the applicant were by MINAL SANDIP PARAB Date:

2024.11.26 10:20:03 +0530 MINAL SANDIP PARAB married and it was during the course of discord between the two and in the light of a proceeding initiated for restitution of conjugal rights by the 1/2

14_BA3841_23.doc applicant, that the informant caused the FIR to be registered as a counter-blast and an afterthought.

3.

This Court had passed an order on 07.05.2024 in the context of such serious allegations and directed the prosecution to place on record further material collected during the course of investigation on an affidavit if supplementary charge-sheet is not filed. 4.

It is an admitted position that the supplementary charge-sheet has not been filed. The only submission that the learned APP could make today was that the pen-drive produced by the first informant has been sent for forensic analysis and the report is awaited. 5.

In this situation, the learned APP shall place before this Court material available in the charge-sheet to show a prima facie case against the applicant.

6.

List for further hearing on 04.12.2024 at the bottom of the Supplementary Board.

(MANISH PITALE, J.) Minal Parab 2/2