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2024 Supreme(Bom) 381

MADHAV J. JAMDAR
Leena Dashrath Gavkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Pradyumna Tyagi, Gayatri Gokhale, Sneha Jethwa.
For the Respondents: P.H. Gaikwad, Kuldeep Nikam.

JUDGMENT :

MADHAV J. JAMDAR, J.

1. Heard Mr. Tyagi, learned Counsel appearing for the Applicant (through V.C.) Mr. Gaikwad, learned APP appearing for the Respondent-State and Mr. Nikam, learned Counsel appearing for Respondent No. 3.

2. The Criminal Application is preferred seeking quashing and setting aside of bail Order dated 16th August 2023 passed by learned Additional Sessions Judge, Pune in Criminal Bail Application No. 4940 of 2023 (“impugned order”) and for cancellation of bail granted to the Respondent No. 3.

3. It is the contention of Mr. Tyagi, learned Counsel appearing for the Applicant that the Respondent No. 3 i.e. the Accused had approached the Applicant i.e. the victim through a matrimonial website and thereafter established a physical relationship with the Applicant. A WhatsApp group was also created by the family members of Respondent No. 3 and that of the Applicant. He submitted that the Respondent No. 3 established a physical relationship with the Applicant by making a promise of marriage and thereafter, the Respondent No. 3 married a different woman. Therefore, an offence under Sections 376(2)(n), 377 and 504 of the Indian Penal Code, 1860 is made out. He further s

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