The High Court at Aurangabad granted anticipatory bail to two applicants in a case involving offences under Section 366 IPC read with Section 34.
Applicants be released on bail on Rs. Ten Thousand each with one solvent surety in the like amount for each applicant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
criapln385-14.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.385/2014
The State of Maharashtra
.... Shri Amit S. Savale,Adv.for applicants. Shri M.M.Nerlikar,APP for State.
CORAM :M.L.TAHALIYANI,J. DATE : 29TH JANUARY, 2014.
ORAL ORDER :
Heard learned counsel for the applicants and learned APP for the State.
2] Perused the FIR. It appears that the victim girl had gone with the accused no.1 and others on her own accord. It appears to me that no force was used against her. There are no allegations of sexual assault.
3] It is submitted by learned counsel that there was love affair between accused no.1 and the victim girl. Accused no.1 and other accused have been arrested and have been released on bail.
2 criapln385-14.odt
Considering the nature of offence and considering possibility of false implication, I am inclined to grant anticipatory bail to the applicants.
4] Applicants be released on bail in sum of Rs.Ten Thousand each with one solvent surety in the like amount for each applicant, in the event of their arrest in Crime No.76/13 of Akkalkuwa police station, Dist.Nandurbar, for offences punishable u/ss.366 r.w. 34 of IPC.
[M.L.TAHALIYANI,J.]
umg/
2 issues framed by the court
Whether anticipatory bail should be granted to the applicants under Section 366 IPC.
Whether the possibility of false implication justifies the grant of bail.
1 provisions across 1 enactments
Jagatsing Virji Vasave
Abhay Virji Vasave
The State of Maharashtra
M.L.Tahaliyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
