LAWS(BOM)-2023-6-505

ANIKET ISHWAR BHATEWARA Vs. STATE OF MAHARASHTRA

Decided On June 14, 2023
Aniket Ishwar Bhatewara Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.190 of 2022 registered with Yerawada Police Station, Pune for the offences punishable under Ss. 376 , 276(2)(n) , 377 , 417 , 323 , 506 , 506 of Indian Penal Code, 1860, the applicant is seeking relief under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) As per prosecution, the applicant had repeated sexual intercourse with the victim based on promise of marriage. According to prosecution, on 18/3/2021 the applicant and victim came in contact. The relationship started on 9/4/2021. On 25/9/2021, 26/9/2021 and 22/11/2021 there was sexual intercourse by the applicant with the victim. Refusal to perform marriage resulted in registration of the first information report.

(3.) The applicant, therefore, filed application under Sec. 438 of the Criminal Procedure Code, 1973 which has been rejected by the learned Sessions Judge by order dtd. 11/5/2022. Aggrieved thereby, the applicant has filed present anticipatory bail application.