1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4418 OF 2008 Ramji Vishnu Premchand Gupta .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.A.M.Saragoi for the applicant. Mr.J.P.Yagnik A.P.P. for the State. Ms.Muskan Khan, original complainant in person. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 29TH APRIL, 2009. DATED : 29TH APRIL, 2009. DATED : 29TH APRIL, 2009. P.C.: . Heard Mr.Saraogi, learned counsel for the applicant, Mr.Yagnik, learned A.P.P. for the State and Ms.Muskan Khan, complainant in person. 2. The applicant is seeking anticipatory bail in MECR No.26 of 2008 of Malad police station. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 376, 420, 504 and 506 of IPC. 3. The aforesaid crime has been registered against the applicant in pursuance of the order dated 1st July, 2008, passed by learned Magistrate under section 156(3) of the Code of Criminal Procedure. The complainant is present in the court. The complainant 2 2 2 has filed a private criminal complaint against the applicant in the court of Metropolitan Magistrate at Borivali. It appears that the applicant and the complainant had living in relationship for about eight years. In February, 2008, the applicant got engaged with some other girl at Lucknow, which seems to have prompted the complainant to file the present complaint against the applicant. The complainant, who is present in the court, states that she does not desire to prosecute her complaint any further and she has no objection for granting this application for anticipatory bail to the applicant. Mr.Yagnik, learned A.P.P. also does not oppose this application for anticipatory bail. Considering overall facts and circumstances of the case I am inclined to grant this application for anticipatory bail. Hence the following order: . In the event of arrest, the applicant be released on bail in the sum of Rs.10,000/- with one or two sureties in the like subject to the conditions stipulated in sub-section (2) of section 438 of the Code of Criminal Procedure. Further, the applicant is directed to report to the concerned police station as and when called. . At this stage Mr.Saraogi, learned counsel for 3 3 3 the applicant and the complainant state that the applicant and the complainant will go to the concerned police station at Saturday to enable the concerned investigating officer to comply with further formalities. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)