Bhanudas Tulshiram Bhosle @ ... vs The State Of Maharashtra
2021 Latest Caselaw 7522 Bom

Rane                                    1/4                  ABA-1330-2020--SR.23
                                                                          2.6.2021


IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.1330/2021

Bhanudas Tulshiram Bhosle
@ Bhanudas Tikav Kale                             .....Applicant

        V/s.

State of Maharashtra                              ....Respondent


                     ****
Mr. Nitin B. Patil, Advocate for the applicant.

Mrs. Prajakta Shinde, APP for State.


                                  CORAM : SANDEEP K. SHINDE, J.

(through Video Conference)

Tuesday, 2nd June, 2021.

P.C. :

1. Heard learned Counsel for the applicant and

learned APP for State.

2. Apprehending arrest in connection with Crime

No.72/2021 registered with Indapur Police Station under

Rane 2/4 ABA-1330-2020--SR.23 2.6.2021

Sections 376, 420, 504 and 506 of the Indian Penal Code,

the applicant seeks pre-arrest bail.

3. Complainant filed an application in the Court of

Judicial Magistrate First Class in December, 2020 and

sought directions under Section 156(3) of the Criminal

Procedure Code. Learned Judicial Magistrate First Class

vide order dated 29th January, 2021 directed to register the

offence against the applicant. As such, the subject offence

came to be registered. It is complainant's case that, in the

year 2007, the applicant on the pretext of saving her

husband from prosecution, committed sexual assault on

her. The alleged incident was never reported by the

complainant since 2007 till filing of the application seeking

registration of the offence against the applicant. Mr. Patil,

learned Counsel for the applicant has invited my attention

to the order of conviction passed against the applicant for

committing the offence of murder. Judgment in Sessions

Rane 3/4 ABA-1330-2020--SR.23 2.6.2021

Case No.12/2018 passed by the Additional Sessions Judge,

Baramati shows, the complainant and her husband were

convicted for the offence punishable under Section 302 of

athe Indian Penal Code. It appears the complainant was

incarcerated for 8 years. Mr. Patil, has pointed out, similar

allegations were made by the complainant against three

persons for which he relies on the complaint filed by the

complainant in the Court of Judicial Magistrate First

Class, Indapur. In consideration of the facts of the case and

in view of the inordinate delay in lodging the complaint, I

am inclined to grant interim pre-arrest protection to the

applicant.

4. Learned APP seeks time to verify. Time

granted. Stand over to 6th July, 2021. In the meantime, in

the event of arrest of the applicant in Crime No.72/2021

registered with Indapur Police Station, he shall be released

on bail on executing P.R. bond for the sum of Rs.25,000/-

 Rane                                    4/4             ABA-1330-2020--SR.23
                                                                     2.6.2021

(Rs. Twenty Five Thousand only) with one or more

sureties in the like sum.

5. The applicant shall report to the Investigating

Officer as and when called till further orders and co-operate

in the investigation.

6. The applicant shall furnish his permanent

residential address and contact number to the Investigating

Officer forthwith.

7. The applicant shall not tamper with the evidence

or attempt to influence or contact the complainant,

witnesses or any person concerned with the case.

8. List it on 6th July, 2021 for further consideration.

(Sandeep K. Shinde, J.)