MOHD. ASLAM BASHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Criminal Petition has been filed under Ss. 480 and 483 of "Bharatiya Nagarik Suraksha Sanhita, 2023" (for brevity 'the BNSS'), seeking to enlarge the petitioner on bail in Cr.No.24 of 2025 of Eluru II Town Police Station, registered under Ss. 69, 318 (4) and 351 (2) of Bharatiya Nyaya Sanhita, 2023 (for brevity 'the BNS').

(2.) The case of the prosecution is that, the complainant, who is arrayed as respondent No.2 pursuant to the judgment of the Hon'ble Supreme Court in Jagjeet Singh and others v. Ashish Mishra,(2002) 4 SCR 536 aged about 37 years, a widow, whose husband passed away 20 years ago, got acquaintance with the petitioner and they maintained living relation for a quite long time; the petitioner/accused lured the de-facto complainant to marry and had sexual intercourse with her; in the year 2021, the petitioner took an amount of Rs.10,00,000.00 from her for tender business with a promise to repay it; whenever the de-facto complainant insists the petitioner to marry her, he postponed on one pretext or other; later the petitioner threatened with her dire consequences; the de-facto complainant lodged a report with the police on 31/1/2025.

(3.) Sri D. Tarak Prasad, the learned counsel for the petitioner, submitted that the age of the petitioner is 30 years, the age of the de-facto complainant is 37 years; the de-facto complainant is a widow; there are financial disputes in between the petitioner and the de-facto complainant; the petitioner and the de-facto complainant indulged in living relation; the petitioner has not committed any offence; he is sole breadwinner of his family; he suffered an accident and he was operated for multiple fractures on his forearm; he would abide by any conditions imposed by this Court; and urged to enlarge the petitioner on bail.