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Bombay High CourtBA/826/2025allowed

Devanand S/O Laxmanrao More And ANR. v. The State Of Maharashtra, Thr.Office Incharge, Ps, Digras, Tahsil Digras, Dist. Yavatmal

2025-07-22Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

5.BA.826.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.826 OF 2025 Aniket Rajendra Kuskar .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Sumedh Jagtap, Advocate for Applicant.

 Ms. Rajeshree V. Newton, APP for Respondent.

 Ms. Abhilasha Bhosale, PSI, Andheri Police Station. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 26, 2025 P.C.

:

1.

Heard Mr. Jagtap, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent.

2.

Applicant is incarcerated for 3 months for offences punishable under Sections 323, 354b, 376(2)(N), 420, 504 AND 506(2) of the Indian Penal Code, 1860 (for short 'IPC') and Sections 3(1)(W)(I)(ii) and 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

From reading of the First Information Report (for short 'FIR'), it is seen that Applicant and prosecutrix knew each other when they were working in the same Company. Applicant was 31 years old and working as Manager and prosecutrix was working as a tele-caller who was 23 years old. Admittedly record shows that they were in

5.BA.826.2025.doc relationship for 2 years. Complaint is filed on the premise that prosecutrix came to know that Applicant was married and was having two children leading to filing of the Complaint. However the tenure of incident spread over a period of 2 years when both of them were working at same place is prima facie seen by the Court. 4.

Ms. Newton, learned APP is directed to take appropriate instructions and apprise the Court on the next adjourned date. Considering the fact that Applicant is having two small children to provide care and support for and is a family man, Court will take up the Application for hearing and disposal on its merits on the next adjourned date.

5.

Stand over to 12th March, 2025. To be placed on 'Supplementary Board'.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.02.26 14:36:34 +0530 HARSHADA HANUMANT SAWANT