1 Cri.B.A.No.1109/22OrderEx.1. Order below Exh.1 in Bail Application No. 1109/2022
Alok Rajiv Patil .. Applicant / Accused.
Vs.
The State of Maharashtra through Police Inspector, Bhadrakali Police Station, Nashik. (Cr. No.I 260/2022) .. Prosecution
Order below Exh.1.
1.This application has been filed by the applicants/accused under section 438 of Cr.P.C. for releasing them on anticipatory bail in the event of their arrest in the aforesaid Crime registered at Bhadrakali Police Station, Nashik for the offence punishable under sections 498A, 377 r/w. 34 of the Indian Penal Code and accordingly, interim protection was granted to applicant.
2.Heard Learned Advocate Shri A.K.Kale, for the applicants and learned A.P.P. Smt. Sangale for the State. Perused the papers of investigation.
3.It is the case of the prosecution that the applicant being husband of the informant, has illtreated and harassed her for unlawful demand and treated her with cruelty and also committed unnatural sexual act upon informant.
4.On perusal of record, it reveals that the allegations in the complaint for the period of 28.07.2021 to 31.10.2021. The report is lodged on 22.08.2022. Delay in lodging report is not explained.
General allegations are made without there being any specification.
Prima facie dispute appears to be marital in nature. Considering all these aspects, prima facie, it appears that the report lodged by the informant is dubious one and accordingly, interim protection was granted to applicant.
5.Now, investigating officer has filed a say and raised formal objections. The ld. Advocate for the Applicant submitted that the applicant do not have criminal antecedents. He is reputed person. He is permanent local resident. Therefore, considering all these aspects, this Court is of the view to confirm the interim protection granted to applicants. Hence, the order.
::O R D E R::
1] The application ( Exh. 01) is allowed.
2] The interim protection granted to applicants on 12.09.2022 stands confirmed subject to same conditions.
3] Inform P.S.O. concerned accordingly.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.16 17:26:20 – 0600
Nashik (Aditee U. Kadam) Date : 15.09.2022. Additional Sessions Judge2, Nashik.