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ABA1060.22
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
917 ANTICIPATORY BAIL APPLICATION NO.1060 OF 2022
WITH APPLN/2638/2022 IN ABA/1060/2022
HARISH RAMAN LOHAR
VERSUS
THE STATE OF MAHARASHTRA
…
Mr. N. K. Tungar, Advocate holding for Ms. S. G. Jahagirdar, Advocate
for applicant;
Mr. K. S. Patil, A.P.P. for respondent/State;
Mr D. A. Karnik, Advocate holding for Mr. Shripad Kulkarni, Advocate
for complainant/applicant in Cri. Application No.2638 of 2022
CORAM : S. G. MEHARE, J.
DATE : 11th August, 2022
P.C.
1. Heard the learned counsel for the applicant.
2. Issue notice to the respondents, returnable on 26.8.2022.
3. The learned A.P.P. waives service of notice for the respondent.
4. The learned counsel for the applicant would submit that the
false allegations have been levelled against the applicant that he did
carnal intercourse against the order of nature with the complainant.
Their marriage was performed 17 years back. The applicant is a well
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salaried person. Many times there were settlements. The complainant
was not supporting the family affairs. However, she has made false
allegations of demand of dowry and assaulting her. He referred to the
first information report and pointed out that the complainant left the
house of the applicant and there was a discussion in her parents’
house. He never illtreated her. The applicant has no reason to
demand Rs.10 Lakh. False allegations have been levelled against the
applicant that he assaulted the complainant on hand, leg, head and
private part. The last incident allegedly happened on 17.7.2022. The
learned counsel vehemently argued that the complainant has
assaulted the applicant with belt; hence he has to leave the home.
Considering the allegations, there is nothing to be recoverred from
the applicant. The learned counsel for the applicant has argued that
the complainant is now a law student; hence she has drafted the
report skilfully and made attempts to make the offence serious.
Hence, interim protection may be granted.
5. The learned counsel assisting the learned A.P.P. has opposed the
application contending that the learned Sessions Judge has
considered every aspect of the case and with a reasoned order
rejected the bail application. He has placed on record some
photographs showing the injuries.
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6. The learned A.P.P. also opposed the application contending that
the offence is serious; therefore, custodial interrogation of the
applicant is required.
7. The facts of the case reveal that there was a matrimonial
discord. The applicant and complainant pulled their marriage for last
17 years. It has been alleged that the applicant was not providing
money for her treatment and for education of her son. This may be
the ground that was making the complainant disappointed.
8. There appears a serious matrimonial discord between the
complainant and the applicant. In view of the facts of the case, this
Court is of the view that the interim protection deserves to be granted
to the applicant till the State files the reply. Hence, the following
order:-
In the event of arrest, applicant Harish Raman Lohar, be
released on interim bail till filing of the reply by the
respondent/State, on executing PB and SB of Rs.25,000/- with one
solvent surety of like amount, in C.R.No. 0249 of 2022, registered
with Chhawani Police Station, Aurangabad, for the offence punishable
under Section 377, 498A, 323, 504 and 506 read with Section 34 of
the Indian Penal Code, on the condition that till the disposal of this
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bail application, the applicant shall not contact the victim, her son
and refrain himself from going to the place where the victim is
residing.
(S. G. MEHARE, J.)
amj
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