Bombay High Court
Arvind S/O Vinayak Bhole vs The State Of Maharashtra, Thr. Police ... on 1 April, 2021
Author: Swapna Joshi
Bench: Swapna Joshi
1/4 2.ABA.228.2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 228 OF 2021
(Arvind Vinayak Bhole V/s State of Maharashtra)
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
Appearances, court's orders
or directions and
Prothonotary's orders
Mr. S. P. Sonwane, Advocate for Applicant.
Ms. Shamsi Haider, APP for Non-applicant/State.
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CORAM : MRS. SWAPNA JOSHI, J.
DATE : APRIL 1, 2021.
. Hearing was conducted through video conferencing
and the learned Counsel for both sides stated that the audio and visual quality was proper.
2. By this Application, Applicant is seeking pre-arrest bail in Crime No. 182/2021 registered with Gittikhadan Police Station, Nagpur for the offence punishable under Sections 376, 493, 419, 420, 323, 506 of Indian Penal Code and Section 67 of Information Technology Act.
3. Heard Mr. Sonwane, the learned Counsel for Applicant.
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4. Issue notice to the Non-applicant, returnable after two weeks.
5. Ms. Haider, the learned APP waives service of notice on behalf of Non-applicant/State and prays for time to file reply.
6. The allegations against the Applicant are that the complainant is widow aged about 45 years old having one son, got married with the present Applicant. It is alleged that the Applicant has established physical relationship with her and took her photographs.
7. The learned Counsel for Applicant submits that the Applicant is a Government servant, so also the complainant is widow aged about 45 years old, had consensual sex with the Applicant and so far as the allegation of taking her photographs is concerned, it is not the case of the complainant that he has misused those photographs in any manner.
8. In this view of the matter, until further orders, in the event of arrest in Crime No. 182/2021 registered with Gittikhadan Police Station, Nagpur for the offence punishable under Sections 376, 493, 419, 420, 323, 506 of Indian Penal Code and Section 67 of Information Technology Act, the Applicant shall be released on bail on furnishing PR Bond of Rs.30,000/- with one or two sureties in the like amount.
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9. The Applicant shall co-operate with the investigation agency and shall attend the concerned police station on every Monday, Wednesday and Friday between 11.00 a.m. to 2.00 p.m. so also as and when required by the investigation agency.
10. The Applicant shall neither tamper with the evidence of prosecution nor influence the prosecution witnesses in any manner.
CRIMINAL APPLICATION (APPP) NO. 591 OF 2021 . This Application is for grant of time to file certified copy of FIR, order dated 26/3/2021 and for removing office objection.
2. For the reasons mentioned in the Application and in the interest of justice, same is allowed in terms of prayer clause therein.
3. Applicant is directed to file aforesaid documents and remove the office objection, if any, within a period of two weeks from today.
4. Criminal Application stands disposed of accordingly.
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5. This order be communicated to the learned Counsel for both sides, either on e-mail address or on WhatsApp or by such other mode, as is permissible in law.
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