MAHESH BALKRISHNA DANDANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The Application for intervention is allowed.

(2.) Application No. 27 of 2014 is moved for anticipatory bail under section 438 of Cr. P.C. The complainant is a lady who has lodged a complaint under section 420, 406, 376, 323, 506(2) of IPC. The crime is registered at C.R. No. I 321 of 2013 with Upanagar Police Station, Nashik.

(3.) It is the case of the prosecution that the complainant and applicant/accused both were having an affair and there was a promise by the applicant/accused to marry the complainant. The complainant, therefore, readily kept sexual relationship with the applicant. It is the case of the complainant that since 1999 the complainant knew applicant/accused and in November, 2006 they had sexual interaction. At the relevant time the applicant/accused has told her that he wanted to marry her and therefore, the complainant did not object to have sexual relations with him at different places. In the year 2008 09 the applicant avoided to talk about their marriage and therefore, she consumed tranquilizer and was admitted in the hospital. Thereafter, they continued to meet and maintained their physical relationship. On 6 th December, 2013 the complainant came across a photograph of the applicant/accused. The said photograph was taken while performing pre wedding rituals and therefore, she arrived at Nashik in the evening on the same day and found that the applicant/accused has performed marriage with some other girl. The complainant, therefore, lodged complaint on 10th December, 2013 at Khondva Police Station. Pursuant to that, police registered FIR at C.R. No. I 321/2013 at Upnagar Police Station, Dist. Nashik. Hence, the applicant filed this application for anticipatory bail.