Allowed

Anurag Singh Baghel v. the State of Maharashtra

Bombay HC1 Aug 2023BA/274/2023

Case brief

AI extract

What is this about?

In this bail application under Section 439 CrPC, the High Court of Bombay-Criminal Appeals allowed the grant of bail to the applicant, conceding parity with co-accused already released, and fixed conditions including bail bond, periodic reporting, and restrictions on contacting witnesses.

What did the court decide?

The applicant was released on bail in connection with C.R. No.140 of 2022 upon furnishing a Personal Bond for Rs.25,000 along with two sureties, subject to specified conditions.

Anurag Singh Baghel Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2023)

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9-ba274-2023.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.274 OF 2023

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Digitally signed by ATUL ATUL GANESH GANESH KULKARNI KULKARNI Date: 2023.08.01 14:38:21 +0530

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Anurag Singh Baghel… Applicant
V/s.
The State of Maharashtra… Respondent

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Mr. Omprakash Parihar for the applicant.

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Mr. P.H. Gaikwad, APP for the respondent/State.

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CORAM:AMIT BORKAR, J.
DATED:AUGUST 1, 2023

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P.C.:

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1.This is an application under Section 439 of the Criminal
Procedure Code, 1973 seeking bail in connection with C.R. No.140
of 2022 dated 30 August 2022 registed with Nava Sheva Police
Station, Navi Mumbai for offences punishable under Sections
376(2)(N), 313, 342, 323, 504 and 506 of the Indian Penal Code,
1860.

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2.According to prosecution, the accused persons had forcible
sexual relationship with the applicant from 10 May 2022 till 28
August 2022. According to the informant, initially accused No.1
performed sexual intercourse with the informant. Thereafter,
remaining two accused persons had also forcible sexual intercourse
with the informant. On 15 July 2022, she realized that she was
pregnant. The accused persons refused to accept responsibility of

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9-ba274-2023.doc

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pregnancy. According to her, she was forced to consume abortion
pills by accused No.3. Applicant’s refusal to perform marriage
resulted in lodging of the first information report.

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3.The informant’s statement under Section 164 of the Criminal
Procedure Code, 1973 has been recorded. She stated that all three
accused apologized for the acts committed by them and requested
her not to lodge prosecution. According to he, accused No.3
(applicant) performed marriage with her in the temple. The
informant forced him to perform marriage in Court.

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4.On perusal of the material on record, it appears that accused
No.2 has been released on bail by this Court by order dated 23
March 2023. Accused No.1 has been released on bail by the Apex
Court in Special Leave to Appeal (Crl.) No.5308 of 2023 by order
dated 26 July 2023. Therefore, considering the role attributed to
the accused persons, the applicant deserves to be released on bail
on parity. Hence, following order:

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a)The bail application is allowed;

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b)The applicant be released on bail in connection with C.R. No.
C.R. No.140 of 2022 dated 30 August 2022 registed with Nava
Sheva Police Station, Navi Mumbai for offences punishable under
Sections 376(2)(N), 313, 342, 323, 504 and 506 of the Indian
Penal Code, 1860 on furnishing P.R. Bond in the amount of
Rs.25,000/- along with one or two sureties in the like amount;

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c)The applicant shall mark his presence before the concerned
police station on first Saturday of every month between 11.00 a.m.
to 2.00 p.m.;

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9-ba274-2023.doc

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d)The applicant shall remain present before the Trial Court on
each and every date unless specifically exempted by the Court;

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e)The applicant shall not directly or indirectly make any
inducement, threat or promise to any witness acquainted with the
facts of the case so as to dissuade him from disclosing such facts to
the court;

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f)The applicant shall not obstruct or hamper the police
investigation and not to play mischief with the evidence collected
or yet to be collected by the police;

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g)The applicant shall, at the time of execution of the bond,
furnish his address and mobile number to the investigating officer,
and the court concerned, and shall not change the residence till
the final disposal of the case;

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5.The bail application stands disposed of in above terms. No
costs.

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(AMIT BORKAR, J.)

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Anurag Singh Baghel v. the State of Maharashtra

Case brief

What is this about?

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Anurag Singh Baghel v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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