1
Cri.B.A.No.831/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 831/2022
Yamunabai 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 her 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 by this Court on 01.07.2022.
2.

Heard Learned Advocate Smt. Deshpande, for the
applicant and learned A.P.P. Smt. Jadhav for the State. IO is also
present. Perused the papers of investigation and say filed by the
informant vide Exh.6.
2.

It is the case of the prosecution that the applicant
facilitated co­accused for inducing the informant on false promise of
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Cri.B.A.No.831/22­Order­Ex.1.

marriage & sexually exploited her & thereafter refused to marry her.

3.

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 main accused since 2019 and had physical
relations with him.

Main accused has refused to marry her and
therefore, she has lodged report. Copies of Whats­App chat between
main accused and the informant and various amounts transferred to
her through UPI transaction, are produced on record.

It is his
contention of ld. Advocate for the applicant that the main accused has
financially helped the informant but when he asked to repay the
amount, she has lodged false report against them.

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

There is no specific role attributed
to applicant. False implication cannot be ruled out. Main accused is
already released on bail. On the ground of parity, applicant is also
entitled for bail. On these amongst grounds, interim bail was granted
to the applicant on 01.07.2022. Now, say is filed by the IO and the
formal objections are raised. It appears that the applicant cooperated
the investigation.

4.

As per the contention of ld. Advocate, the applicant has no
criminal antecedents. She is local resident and she is ready to abide
any conditions imposed upon her.

Therefore, considering all these
aspects, this Court is of the view to confirm the interim protection
granted to applicant. Hence, the order.

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Cri.B.A.No.831/22­Order­Ex.1.

::O R D E R::
1]
The application ( Exh. 01) is allowed.

2]
The interim protection granted to applicants on
01.07.2022
stands
confirmed
subject
to
conditions therein.

3]
Inform P.S.O. concerned accordingly.

ADITEE
UDAY
KADAM
Nashik
Date : 11.07.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.11
16:29:29 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.