LAWS(BOM)-2017-11-488

SUDHIR A NAIR Vs. STATE OF MAHARASHTRA

Decided On November 02, 2017
Sudhir A Nair Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The applicant/accused in Crime No. 48 of 2017 registered with Police Station Aarey, Mumbai, at the instance of the prosecutrix for offences punishable under sections 376 and 506 of the Indian Penal Code (IPC), is seek-ing pre-arrest bail.

(2.) Heard the learned Advocate ap-pearing for the applicant/accused. He drew my attention to the First Information Report (FIR) in question as well as the earlier FIR lodged by the prosecutrix in order to demonstrate that false allegations are leveled against the applicant/aecused. The learned Advocate further argued that though he was daily attending the Police Station Aarey, false report of non-cognizable cases are alleged against him, in order to harass him.

(3.) The learned APP opposed the ap-plication by contending that the applicant/aecused is indulging in tampering prosecution evidence while enjoying lib-erty under judicial orders by threatening the prosecutrix and therefore, he is not entitled for anticipatory bail. The learned APP also drew my attention to the FIR lodged by the prosecutrix in order to dem-onstrate that it is reflecting the offence punishable under section 376 of the IPC.