1
Cri.B.A.No.661/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 661/2022
Ramesh Kantilal Kamadi
..

Applicant/
Accused.

..

Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Ambad Police Station, Nashik.
(Cr. No.I 232/2022)
Order below Exh.1.

1.

This
application
has
been
filed
by
the
applicant/accused under section 438 of Cr.P.C. for releasing him
on anticipatory bail in the event of his arrest in the aforesaid
Crime registered at Ambad Police Station, for the offence
punishable under sections 376(1), 504, 506 of the Indian Penal
Code and accordingly, interim protection was granted to
applicant on 27.05.2022.
2.

Heard Learned Advocate Shri S.J.Deshpande, for the
applicant and learned A.P.P. Smt. Sangale for the State.
Perused the papers of investigation and objection filed by the
informant.

3.

It is the case of the prosecution that the applicant
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Cri.B.A.No.661/22­Order­Ex.1.

induced the informant on false promise of marriage and sexually
exploited her and thereafter refused to marry her.

4.

On perusal of record, it reveals that the informant is
30 years old lady.

She has averred in the report that she got
engaged in love­affair with the applicant since 2019 and had
physical relations with him. Applicant has refused to marry her
and therefore, she has lodged report. Applicant has produced
copies of Whats­App chat between him and the informant and
various amounts transferred to her through UPI transaction. It
is his contention that he has financially helped the informant but
when he asked to repay the amount, she has lodged false report
against him. He has also produced one copy of agreement where
informant has given memorandum of understanding that the
applicant has given Rs.3 Lacs to her which is returned and now,
they do not have concern with each other.

As such, prima facie
allegation of rape are found to be dubious one. Till now, it is a
settled law that, every breach of promise would not amounts to
rape or cheating.

5.

Ld. Advocate for the applicant submitted that applicant
cooperated the investigation. As per the contention of ld. Advocate, the
applicant has no criminal antecedents. He is a local resident and he is
ready to abide any conditions imposed upon him.

Therefore,
considering all these aspects, this Court is of the view that interim
relief granted to the applicant, should be confirmed. Hence, the order.

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Cri.B.A.No.661/22­Order­Ex.1.

::O R D E R::
1]
The application ( Exh. 01) is allowed and interim
protection granted to him by this Court by order
dated 27.05.2022 stands confirmed subject to
following conditions.
a] That the applicant shall make himself available
for interrogation by the Investigation Officer as
and when required under written intimation.
b] The applicant shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with facts of accusation, so as
to dissuade them from disclosing such facts to
the Court or to any Police Officer.

2]
Inform P.S.O. concerned accordingly.

ADITEE
UDAY
KADAM
Nashik
Date : 21.06.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.22
12:43:57 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.