Nutan S/O Sitaram Bansod v. State Of Maharashtra, Thr. Pso, Ps Deori, Tq. Deori, Dist. Gondia
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.237 OF 2025 (Nutan s/o Sitaram Bansod Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. K.N. Jain, Advocate for the applicant.
Ms T.H. Udeshi, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- APRIL 8, 2025.
Apprehending the arrest at the hands of police in connection with Crime No.64/2025 registered with Police Station Deori, District Gondia for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, the applicant approached to this Court for grant of anticipatory bail.
2.
The crime is registered on the basis of report lodged by the victim on an allegation that the applicant is her brother-in-law and on the promise of marriage, he has subjected her for the forceful sexual assault. On the basis of said report, police have registered the crime against the present applicant.
3.
Learned Counsel for the applicant submitted that with baseless allegations only to extract money from him, the false FIR is lodged against him. As far as the custodial interrogation is concerned which is not required.
In view of that, the applicant be protected by granting adinterim protection. 4.
Learned APP strongly opposed the said application and submitted that considering the allegations levelled against the present applicant, his custodial interrogation is required, and therefore, prayer for grant of ad-interim protection deserves to be rejected. 5.
I have heard learned Counsel for both the sides. Perused the recitals of the FIR from which it reveals that out of the relationship some discord was there between the present applicant and the victim, and therefore, this FIR came to be lodged. It also appears that the relationship was consensual in nature between both of them. Considering the same, the immediate custodial interrogation of the applicant is not required. The prayer of the applicant for grant of ad-interim protection deserves to be allowed. Accordingly, I proceed to pass following order:
(i) Issue notice to the non-applicant, returnable after three weeks.
(ii) Learned APP waives notice for the State and seeks time to file reply.
(iii) In the event of arrest, the applicant - Nutan s/o Sitaram Bansod in connection with
Crime No.64/2025 registered with Police Station Deori, District Gondia for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, be released on ad-interim anticipatory bail on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
(iv) The applicant shall attend the concerned police station once in a week i.e.
on every Monday between 10.00 a.m. to 1.00 p.m. and shall co-operate with the Investigating Agency.
(v) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
(URMILA JOSHI-PHALKE, J.) *Divya