The Court entertained Section 438 Cr.P.C. application maintaining the ad-interim anticipatory bail granted earlier, as the FIR led to no discoverable new facts and interim terms remained applicable.
The ad-interim anticipatory bail granted previously is allowed to continue with the same terms and conditions.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
914 ANTICIPATORY BAIL APPLICATION NO.327 OF 2020
SAGAR S/O. VIJAY RAJALE VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Narwade Narayan B.
APP for Respondent State: V.S.Badakh
CORAM : MANGESH S. PATIL, J.
DATE :15.01.2021
P.C. :-
This is an application under Section 438 of the Cr.P.C.
2]According to the F.I.R. and the police papers, allegations as can be
understood are to the effect that the prosecutrix is a married woman having a
kid who voluntarily surrendered and established extra marital relations with
the main accused. The couple even migrated to a different place, stayed there
for sufficiently long period. It is alleged by the prosecutrix in her
supplementary statement that the applicant and the other accused
blackmailed her and helped the main accused.
3]Considering the nature and the quality of the allegations, except
alleging that the applicant had blackmailed her without giving any particulars
as to what effect such blackmailing had resulted she has not uttered anything.
4]Considering all these facts and circumstances, the applicant was granted
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ad-interim anticipatory bail in the month of March 2020. The main accused
has subsequently been arrested and has been released on regular bail.
5] Nothing is to be discovered by the applicant.6] The application is allowed. The Ad-interim anticipatory bail granted shall continue with the same terms and conditions.[MANGESH S. PATIL, J.]
umg/
2 issues framed by the court
Whether the applicant deserves anticipatory bail in view of the lack of specific allegations of blackmail and the grant of interim bail already.
Whether the antecedent actions of the main accused and its relationship to the prosecutrix warrants continuation of bail without new discovery.
1 provisions across 1 enactments
SAGAR S/O. VIJAY RAJALE
THE STATE OF MAHARASHTRA
MANGESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court