The single-judge bench of Justice Smt. Bharati Dangre of the Bombay High Court in the case of Chetan Chandrakant Tambatkar Vs The State of Maharashtra released the accused on bail subject to compliance that if the victim girl is traced within a short while and say in a period of one year, he shall solemnize marriage with her, but he shall not be bound by the statement beyond one year.
BRIEF FACTS
The factual matrix of the case is that the complainant and the accused developed a consensual relationship and they even decided to marry and the parents of both of them were aware of their relationship. Also, the physical relationship was developed between them and she trusted as he had assured that he would solemnize the marriage. Later on, it was found that she is 6 months pregnant. Thereafter, She disclosed this fact to the applicant but some how he avoided to establish contact with her and there was a refusal to perform the marriage. After the delivery of the child, she was discharged from the hospital and she abandoned the child and left the premises. The applicant has filed his affidavit, where he has made a solemn statement that he is ready to marry the victim girl and also ready to accept the paternity of the child born, out of the relationship. However, since the victim girl herself is not traceable and the child, who was admitted in the child care, as per the instructions of the learned APP is already given in adoption.
COURT’S OBSERVATION
The hon’ble court held that the incident was reported, the victim girl was major and she has already stated that the relationship was consensual and though a specific statement was made on behalf of the applicant and his family that they are ready to solemnize the marriage, the victim is not traceable, in above circumstances, the court deem it appropriate to release the applicant on bail subject to compliance that if the victim girl is traced within a short while and say in a period of one year, he shall solemnize marriage with her, but he shall not be bound by the statement beyond one year.
CASE NAME- Chetan Chandrakant Tambatkar Vs The State of Maharashtra
CITATION- BAIL APPLICATION NO.3680 OF 2021
CORUM- Justice Smt. Bharati Dangre
DATE- 15.10.22
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