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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.368 OF 2022

Shivaji Angad Phad

..

Applicant

Versus

The State of Maharashtra

..

Respondent

…

Mr. Imtiyaz Patel a/w Suraj Gaikwad & Mr. Sanket Gaikwad for

the Applicant.

Mrs. Anamika Malhotra, A.P.P. for the State/Respondent.

…

CORAM: BHARATI DANGRE, J.

DATED : 19^th AUGUST, 2022

P.C:-

1.

The applicant is charged under section 376, 376 (2)n and

417 of IPC, pursuant to a complaint filed by the prosecutrix on

2/10/2021. He came to be arrested on 3/10/2021 and is

incarcerated since then.

On perusal of the material compiled in the charge-sheet, it

is the case of the prosecution that the prosecutrix was a married

women who had two children from said wedlock. However, in

the year 2020, she had obtained divorce from her husband and

started residing in her parental house.

She was acquainted to the applicant, who was working in

the same company, where she was working and they exchanged

their telephone numbers and started chatting with each other. A

Ashish Mhaske

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bond of friendship developed between them and the applicant

become aware that the prosecutrix is a divorcee, he offered

helping hand to her and assured her that he would perform

marriage with her. Thereafter they started living together and on

7/03/2021, she was taken to a lodge in Dombivali, and on the

pretext of performance of marriage forceful sexual intercourse

was committed. Thereafter the incident was repeated on 2-3

occasions. On the prosecutrix insisting for performance of

marriage, it is alleged that the applicant avoided and even

blocked her number. Resultantly, she reported the incident and

happenings to the police station after 7 months and lodged a

report on 3/10/2021.

2.

Considering that the prosecutrix is a married woman, and

capable of understanding the consequences of her act, and

whether the consent was obtained on a false promise will be a

matter to be determined at the time of trial, the applicant deserve

his release on bail. Hence, the following order:-

: ORDER :

(a)

Application is allowed.

(b)

Applicant -Shivaji Angadphad shall be released

on bail in connection with C.R.No. I- 535/2021 registered

with Manpada Police Station on furnishing P.R. Bond to

the extent of Rs.25,000/- with one or two sureties in the

like amount.

Ashish Mhaske

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(c)

He shall not in any way make an attempt to

establish contact with the prosecutrix or the prosecution

witness.

(d)

The applicant shall not directly or indirectly make

any inducement, threat or promise to any person

acquainted with the facts of the case so as to dissuade him

from disclosing the facts to Court or any Police Officer.

The applicant shall not tamper with evidence.

(e)

The applicant shall make himself available as and

when required by the Investigating Officer.

( SMT. BHARATI DANGRE, J.)

Ashish Mhaske