Allowed

Anish Ramkumar Thappa v. the State of Maharashtra

Bombay HC8 Sept 2021ABA/1124/2021

Case brief

AI extract

What is this about?

In an anticipatory bail matter, the Bombay High Court allowed the application and confirmed the interim protection granted earlier. The court imposed conditions including cooperation with investigation, surrendering the cell phone, and releasing the applicant on bail upon arrest.

What did the court decide?

Anticipatory Bail Application allowed; interim order confirmed; release on bail directed if arrested; specific directions for cooperation and evidence preservation.

Anish Ramkumar Thappa Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2021)

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rpa 1 / 4 37 aba 1124 2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1124 OF 2021

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Anish Ramkumar Thappa .. Applicant Versus State of Maharashtra .. Respondent

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Mr.Khwaja Shaikh, Advocate for the Applicant. Mr.S.H. Yadav, APP for the Respondent – State.

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CORAM : PRAKASH D. NAIK, J.

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DATED : SEPTEMBER 8, 2021.

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P.C. :

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The applicant is apprehending arrest in C.R. No.207 of 2020, registered with Vakola Police Station, Mumbai, for the offences under Sections 37,, 37,n2)(nn)(, 377, 50, of the Indian Penal Code n“IPC”, for short)(.

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Digitally signed by RAJESHRI RAJESHRI PRAKASH PRAKASH AHER AHER Date: 2021.09.13 18:30:39 +0530

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2 FIR was registered on 1^st July, 2020. The tenor of the FIR would indicate that the applicant and the complainant were acquainted from September, 2018 to March, 2020. There was physical relationship.

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3 The contention of the applicant is that assuming the allegations to be true the relationship of was consensual nature.

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rpa 2 / 4 37 aba 1124 2021.doc

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4 The applicant was granted interim relief vide order dated 11^th June, 2021, with directions to appear before the investigating officer and cooperate with the investigation. The application was thereafter heard on 21^st June, 2021. Learned APP had submitted on instructions that the applicant may be directed to appear before the investigating officer on 24^th June, 2021 and 25^th June, 2021, for the purpose of medical examination. In view of the submissions, the applicant was directed to appear before the investigating officer and co-operate in medical examination. Learned counsel for the applicant submits that the direction are complied. The applicant had appeared before the investigating officer and the medical examination has been conducted.

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5 Learned APP now contends that the cell phone of the applicant has not been provided by him to the investigating officer. Learned advocate for the applicant submit that the applicant would hand over the cell phone to the investigating officer.

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, In the light of the factual aspects as stated above, the interim protection granted by this Court vide order dated 11^th June, 2021, can be confrmed on certain terms and conditions.

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rpa 3 / 4 37 aba 1124 2021.doc

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:: O R D E R ::

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ni)( Anticipatory Bail Application No.1124 of 2021, is allowed;

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nii)( Interim order dated 11^th June, 2021, is confrmed;

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niii)( In the event of arrest of applicant in connection with C.R. No.207 of 2020, registered with Vakola Police Station, Mumbai, the applicant be released on bail on executing P.R.Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

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niv)( Applicant shall appear before the investigating officer on 20^th September, 2021 and 21^st September, 2021, between 11:00 a.m. to 01:00 p.m. and, thereafter, as and when called for, till charge–sheet is fled;

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nv)( Applicant shall hand over the cellphone to the investigating officer;

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nvi)( Applicant shall not tamper with evidence;

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rpa 4 / 4 37 aba 1124 2021.doc

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nvii)( Anticipatory Bail Application No.1124 of 2021,

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stands disposed of accordingly.

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n PRAKASH D. NAIK, J.)

Anish Ramkumar Thappa v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Anish Ramkumar Thappa v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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