The High Court considered an anticipatory bail application under Section 438 CrPC. The applicant, accused of forwarding obscene material, sought to convert interim bail into absolute bail. The Court granted the request, making the interim order absolute with standard conditions.
The order of interim bail dated 10th August 2023 is made absolute.
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.
29-aba-2148-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2148 OF 2023
Avinash Subhas Kalse ...Applicant vs. The State of Maharashtra ...Respondent
Mr. Abhishek Nandimath a/w. Mr. Suyash Khose, for the Applicant Ms. Anamika Malhotra, APP, for the Respondent/State.
CORAM : N. J. JAMADAR, J. DATE : DECEMBER 14, 2023
P.C.:
2] The aforesaid crime was registered pursuant to the
FIR lodged by the prosecutrix. The facts narrated in
Vishal Parekar
...1
29-aba-2148-2023.doc
the FIR prima facie reveal that the allegations of rape are against the co-accused. It is alleged that the coaccused had taken photographs /videos of sexual assault. The applicant herein is the brother-in-law of the co-accused, with whom the prosecutrix was having extra marital relationship. The only allegation against the applicant is that he had abused the prosecutrix and forwarded to her, on her instagram account, the photographs taken by the coaccused.
3] Learned Counsel for the applicant states that the applicant had himself received the photograph from some unknown number and that he had only forwarded the same to the first informant. Learned Counsel for the applicant states that the applicant undertakes not to circulate or publish any such photographs. He further states that the applicant shall hand over his mobile to the Investigating Officer.
Vishal Parekar
...2
29-aba-2148-2023.doc
Application disposed.
Vishal Parekar
...3
1 issue framed by the court
Whether to convert interim bail granted to the applicant into an absolute order of bail.
Avinash Subhas Kalse
The State of Maharashtra
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
