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Bombay High CourtABA/722/2025allowed

Pratik Kishor Mhatre v. State Of Maharashtra And ANR

2025-03-17Hon'Ble Shri Justice Rajesh S. Patil3 pages

Diksha Rane 39 ABA 722-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 722/2025 PRATIK KISHOR MHATRE ..APPLICANT VS STATE OF MAHARASHTRA AND ANR ..RESPONDENTS ------------ Mr. D.S. Mhaispurkar a/w. Mr. Hrishikesh Pawaskar for applicant. Ms. Pallavi N. Dabholkar, APP for State.

------------ CORAM : RAJESH S. PATIL, J.

DATE : MARCH 17, 2025.

P.C. :

1.

This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for seeking pre-arrest bail in connection with the First Information Report (FIR) No. 254/2024 registered with the Alibag Police Station, for the offence punishable under Sections 49, 69, 89, 115(2), 352, 351(2), 351(3), 318(4) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2.

The case of the prosecution is that the applicant/accused took obscene photographs of the victim and, against her will, administered

Diksha Rane 39 ABA 722-2025.doc pills to the victim, leading to the termination of her pregnancy. As a result, the FIR has been lodged.

3.

The learned counsel for the applicant submits that earlier marriage was fixed between the applicant and the informant. The engagement was performed, pre-wedding shopping was done and even marriage cards were printed. However, due to trivial issue the informant physically assaulted the applicant. Therefore, the marriage was called off by both the families. After that date the present FIR has been lodged. He submits that the applicant is ready to surrender his mobile instrument with the IO. The applicant is ready to cooperate with the police. The custody of the present applicant is not necessary. 4.

The learned APP submits that the mobile instrument of the applicant should be surrendered. The IO is not present and she needs to take instructions from the IO as to the stage of the investigation. 5.

The applicant is directed to attend the concerned police station and met the IO for the purpose of handing over the mobile instrument on 24/3/2025 and 25/3/2025 between 11.00 a.m. to 1.00 p.m. and thereafter, as and when called for. 6.

Stand over to 1/4/2025 under the caption "for urgent circulation".

Diksha Rane 39 ABA 722-2025.doc 7.

In the meanwhile, no coercive steps be taken against the applicant.

(RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 17/03/2025 21:15:40