Bombay High Court
Sushil S/O. Suresh Pathare vs The State Of Maharashtra on 6 February, 2020
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
(1) 8-aba1557
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 ANTICIPATORY BAIL APPLICATION NO.1557 OF 2019
SUSHIL S/O. SURESH PATHARE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Jagtap Adinath B.
APP for Respondents: Mrs.M.A.Deshpande
Adv. R. B. Narawade For Assist To PP
...
CORAM : MANGESH S. PATIL, J.
DATE : 06.02.2020 P.C. :-
This is an application under Section 438 of the Cr.P.C. by the sole accused from Crime No.779/2019 registered with Shrirampur City Police Station, Ahmednagar for the offences punishable under Sections 376, 313, 493, 323, 504,506 of the I.P.C.
2] The informant is the wife of the applicant. She has alleged that since the year 2008, he has been committing rape on her from time to time by promising to marry. When she was pregnant, he made her to abort against her will. Lastly he solemnized a registered marriage with her. But subsequently declared that he will not maintain her and thus she lodged the complaint.
3] The learned advocate for the applicant submits that ex facie the allegations in the F.I.R. are not believable. Already the informant had filed a complaint against the applicant and his relatives for the offences punishable ::: Uploaded on - 07/02/2020 ::: Downloaded on - 08/02/2020 03:28:22 ::: (2) 8-aba1557 under Sections 498-A, 323, 504, 506 read with Section 34 of the I.P.C. with the same Police Station bearing Crime No.288/2018. No grievance was made at that time covering the present allegations. She is harassing him. He is ready to cooperate the Investigating Officer. Custodial interrogation is not necessary. The case for the offence punishable under Section 498-A of the I.P.C. is going on before the Magistrate and he may be granted anticipatory bail.
4] The learned A.P.P. submits that the applicant is threatening the informant. Subsequently another offence has been registered against him under Sections 504 and 506 of the I.P.C. He is likely to misuse the liberty. Investigation is yet to be over and he may not be granted anticipatory bail considering seriousness of the offence.
5] It does appear that the informant has filed the complaint belatedly. Already she had filed another complaint for the offence punishable under Section 498-A etc. of the I.P.C. against applicant and his relatives and she could have very well made the present allegations even in that complaint, when she has been making grievance in respect of the incident since the year 2008.
6] Be that as it may. Going by the allegations and all the aforementioned facts and circumstances, custodial interrogation of the applicant does not seem to be imperative.
7] As far as the fear expressed by the prosecution about threats given by the applicant to the informant necessary conditions can certainly be imposed ::: Uploaded on - 07/02/2020 ::: Downloaded on - 08/02/2020 03:28:22 ::: (3) 8-aba1557 which would allay the grievance.
8] The application is allowed. In the event of arrest of the applicant in connection with Crime No.779/2019 registered with Shrirampur City Police Station, Ahmednagar for the offences punishable under Sections 376, 313, 493, 323, 504,506 of the I.P.C., he shall be released on bail on his furnishing personal recognizance for an amount of Rs.25,000/- (Rs.Twenty five thousand only) with a solvent surety in the like amount on the following conditions :
[a] He shall immediately leave Shrirampur city and shall not reenter except for attending the trial and attending the Police Station concerned as per order of this Court, pending trial.
[b] He shall attend concerned Police Station on every Thursday between 9 a.m. and 11 a.m. till filing of the charge sheet and shall cooperate the Investigating Officer.
[c] He shall not tamper the evidence or influence the witnesses.
[d] He shall not contact the informant.
[MANGESH S. PATIL, J.]
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