cra3308.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3308 OF 2011 Deepak s/o Dnyanba Hanwate, Age-35 years, Occu:Agri., R/o-Batwadi, Tq. & Dist-Hingoli. ...APPLICANT. VERSUS The State of Maharashtra, Through Goregaon Police Station, Goregaon, Tq-Sengaon, Dist-Hingoli. ...RESPONDENT. ... Shri.Yuvraj V. Kakade Advocate for Applicant. Shri.G.R. Ingole, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 10TH AUGUST, 2011 cra3308.11 2 PER COURT : 1. This Application is filed for anticipatory bail in C.R. No.77 of 2011 registered in Goregaon Police Station, Tq-Sengaon, Dist- Hingoli, for the offences punishable under Sections 376, 366, 363, 323, 506, 34 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of a complaint referred to the Police Station by the J.M.F.C., Sengaon. The complaint is filed by one Chhaya More. She has contended that after the death of her husband, which took place in the year 2004, she continued to live in the house of her in-laws and then she came in contact with the present Applicant. She has contended that she was working in the field of the Applicant as a labour and by giving promise of marriage, Applicant established sexual relations with her. She has cra3308.11 3 contended that the Applicant was in her company from the year 2006 till 2010 and due to the relations, she has given birth to a daughter. She has contended that the Applicant is now avoiding her and he has refused to marry with her. 3. The prosecutrix has made allegations against some other persons that they had supported the Applicant and they had convinced her that the Applicant would marry with her. She has contended that she had approached the Police on 25th March, 2011 and she had given report to Goregaon Police Station but the police did not take any action and therefore she approached the Court of J.M.F.C. 4. The Applicant has produced record to show that the prosecutrix has been working as Anganwadi Sevika since the year 2003. It is contended that on 13th November, 2010 the prosecutrix got discharge from the hospital and within two days she filed report against the wife of the Applicant cra3308.11 4 and relatives of the other accused persons. Copy of charge-sheet and the papers in that case are produced in this proceeding. It was submitted that the Applicant is married person and false allegations are made against him only to harass him and to extract something from him. 5. The allegations made by the prosecutrix show that she has two issues from husband and she delivered a female child in the year 2010. She has contended that for about four years the Applicant was in her contact and he had given promise of marriage even when he was already married. The daughter born in the year 2010, is now aged about 1 and 1/2 years. 6. In view of the papers of investigation and aforesaid circumstances, this Court holds that relief needs to be granted to the Applicant. So, the Criminal Application is allowed. The interim relief granted by this Court in favour of the cra3308.11 5 Applicant, by order dated 1st August, 2011, is confirmed, subject to the conditions imposed while granting interim relief. [T.V. NALAWADE, J.] asb/AUG11