IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1654 OF 2008 CRIMINAL APPLICATION NO. 1654 OF 2008 CRIMINAL APPLICATION NO. 1654 OF 2008 Tajoddin Md.Isaque Surnaik. ... Applicant. V/s. The State of Maharashtra. ... Respondent. A.P.Mundargi, senior counsel i/b. Priyal G. Sarda for the applicant. Mrs.A.T.Zaveri, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 16th June 2008. DATED: 16th June 2008. DATED: 16th June 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. This application is under section 438 of Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in C.R.No.121/2008 registered with Sardar Bazar Police Station, Solapur for the offences punishable under section 376, 504 read with section 34 of Indian Penal Code (I.P.C.) on the basis of the complaint filed by one Gangabai Sayappa Habgunde. 3. The original complainant is a married woman, who, according to her own complaint, married in 1993 with one Sayappa D. Habgunde. It is her own case in the complaint that since 1997 she is presently staying with her parents on account of dispute with the husband. 4. From the allegations made in the complaint it appears that the applicant is employed in Railways. He is presently working as Station Master at Hotgi Railway Station. The complainant has been staying with the applicant as his wife since 2002. It is also her case that she became pregnant on account of her relations with the applicant. That, initially, both stayed together in Government Quarters and then shifted to a private bungalow in Aditya Nagar. That the applicant refused to marry her in spite of the fact that he stayed with her almost for a period of six years and maintained regular physical relations with her, that too, with the consent of his wife. 5. It is worthwhile to note that the Sessions Court granted anticipatory bail to the wife of the applicant and the nephew of the applicant by its order dated 20th April, 2008. Anticipatory bail is granted to the wife of the applicant on the ground that the wife of the applicant is serving as a Clerk in the - 3 - office of Superintendent of Police and being a government servant, there is no question of her absconding. 6. Mr.Mundargi, learned senior counsel, appearing for the applicant submits that looking to the nature of the complaint made and the time span during which the alleged acts have taken place, no offence under section 376 of I.P.C. can be said to have been made out. He, therefore, submits that ad-interim bail granted by learned Vacation Judge (A.A.Kumbhakoni, J) vide order dated 22nd May, 2008 be confirmed and the applicant be granted anticipatory bail. 7. The learned A.P.P., appearing for the State, has not seriously disputed the prayer made. She submits that the complainant has stated in her complaint that her affair with the applicant was going on since last two years, whereas the complaint appears to have been made on 9th April, 2008. She, however, submits that looking to status of the applicant that he is employed in Railway, the prosecution has no objection for grant of anticipatory bail in favour of the applicant, subject to the condition that he would co-operate with the investigating agency. - 4 - 8. Having heard rival views, prima facie, aforesaid factual matrix makes the case of the complainant weak to the extent of allegations of offence under sections 376 and 504 read with section 34 of I.P.C. 9. In the aforesaid backdrop of the submissions made, ad-interim bail granted in favour of the applicant vide order dated 22nd May, 2008 is confirmed and the applicant is granted pre-arrest bail, subject to the following conditions: (a) In the event of arrest of the applicant in connection with C.R.No.121/2008 registered with Sardar Bazar Police Station, Solapur he shall be released on bail of Rs.25,000/- with one or two sureties to make up the said amount. (b) The applicant shall report to concerned Police Station as when called and shall co-operate with the investigating agency. - 5 - (c) The applicant shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (d) This order of anticipatory bail shall operate till the filing of the chargesheet. After filing of chargesheet, it would be open for the applicant to apply for regular bail before regular court. (e) It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. 9. Application stands disposed of accordingly. JUDGE JUDGE JUDGE