Bombay High Court
Ganesh Balchandra Mali vs The State Of Maharashtra on 5 February, 2020
Author: Prakash D. Naik
Bench: Prakash D. Naik
R.V.Patil 1 910-ABA-302-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.302 OF 2020
Ganesh Balchandra Mali ....Applicant
V/s.
The State of Maharashtra ....Respondent
Mr. A. P. Mundargi senior Advocate, i/b. Kuldeep S. Patil, for the
Applicant.
Mr. S. S. Pednekar, APP for the Respondent- State.
PI, S. S. Patil, Navghar Police Station, present.
CORAM : PRAKASH D. NAIK, J.
DATE : 05th February, 2020
P.C.:
1. This is an application for Anticipatory Bail in connection with
C.R.No. I-13 of 2020, registered with Mira Road Police Station,
District- Thane Rural, for offences punishable under Sections 376,
377, 323, 506 (II), 506, 504 r/w 34 of Indian Penal Code ("IPC" for
short).
2. The First Information Report ("FIR" for short) was lodged on
12th January 2020. The applicant preferred an application for the
Anticipatory Bail before the Sessions Court. The said application is
rejected on 24th January 2020. During pendency of that application
interim protection was granted to the applicant by order dated 16 th
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R.V.Patil 2 910-ABA-302-2020
January 2020. While granting interim protection, the Court had
recorded the submissions on behalf of the applicant. Considered
rulings cited and ratio of the cases and granted interim protection,
on condition that applicant shall attend concern Police Station on
every Sunday between 10 a.m to 11 a.m till decision of main
application. It is submitted that, the applicant has complied the said
condition. Subsequently, the application was rejected.
3. The case of the complainant is that, she is actress by
profession. The applicant is Police Officer. She had visited Police
Station to lodge complaint in June 2016. The applicant had
interaction with her and took her phone number. In June 2016, the
applicant and the complainant were acquainted with each other.
They developed friendship. They met frequently. They went out
together on several occasions. The accused promised her that he
would marry her. In April 2019, the accused had physical
relationship with complainant. They went to Satava and stayed in
hotel. The accused had forcible relationship. He avoided topic of
marriage. Several other allegations are made in FIR.
4. The applicant's contention is that, the complaint is false. The
complainant is major lady. As per complaint, both knew each other
since 2016 and were allegedly intimate since April 2019. The wife of
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R.V.Patil 3 910-ABA-302-2020
the applicant had filed a complaint against the complainant for the
offence under Section 384 of IPC. Whatsapp messages were
exchanged between both, which shows relationship was
consensual. The complainant had lodged FIR against Mahaveer
Chauhan with Kashimira Police Station, under Sections 376 and 325
of IPC. She was aware that the applicant is married person. It is
contended that, the station diary entries which were obtained
through RTI indicates that, the complainant had visited Police
Station on several occasions but did not lodge complaint.
Subsequently the present FIR was registered. The applicant and
his wife are implicated in this case.
5. Learned APP submitted that, the applicant made false promise
of marriage. Under pretext of promises, he had physical relationship
with victim. Investigation is transferred to Navghar Police Station.
6. I have perused FIR. Considered submissions of both sides.
Considering the facts of this case interim protection can be granted
to the applicant.
ORDER
(i) In the event of the arrest of the applicant in connection with C.R.No. I-13 of 2020 registered with Mira Road Police Station, ::: Uploaded on - 11/02/2020 ::: Downloaded on - 07/06/2020 16:15:33 ::: R.V.Patil 4 910-ABA-302-2020 District- Thane Rural, the Applicant be released on bail on his executing P.R bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(ii) The applicant shall report to the investigating officer attached to Navghar Police Station, on 10 th, 11th and 12th of February 2020, between 11:00 a.m. to 01:00 p.m;
(iii) Stand Over to 05th March 2020. To be listed on "Supplementary Board".
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