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2022 DIGILAW 1361 (BOM)

Gaurav v. Ghugare VS State

2022-05-10

AMIT B.BORKAR

body2022
JUDGMENT amit Borkar, J. - Not on board. Taken on board at the request of learned advocate for the applicant considering the urgency involved in the matter. 2] The applicant is apprehending arrest in relation to the Crime No. 267/2022 registered with Police Station anjangaon, District amravati (Rural) for the offences punishable under Sections 354a, 354D and 506 of the Indian Penal Code and Section 67a of the Information Technology act. 3] The First Information Report came to be registered against the applicant with the accusations that the applicant forwarded the obscene photographs of the Informant to the brother of the Informant, her cousin and the proposed husband. The applicant had therefore filed an application under Section 438 of the Code of Criminal Procedure before the learned additional Sessions Judge, Court No. 2, achalpur, which has been rejected by the order dated 04/05/2022. The applicant has therefore filed the present application. 4] I have heard Shri V. Deshpande, learned advocate for the applicant and Ms. Shamsi Haider, learned aPP for the Non-applicant/State. 5] Learned advocate for the applicant submitted that the laptop, mobile, pendrive and hard disk of the applicant have already been recovered by the Investigating agency. He submitted that the applicant was in love relationship with the Informant and there are no criminal antecedents to the discredit of the applicant. He also submitted that the applicant is a Civil Engineer. 6] Learned aPP vehemently objected for grant of protection. 7] In the above facts, the applicant needs to be protected till filing of the reply by the Investigating agency. 8] I therefore, pass the following order:- (a) Issue notice to the Non-applicant, returnable on 24/05/2022. (b) Learned aPP waives service of notice for the Non-applicant/State. (c) In the event of arrest of the applicant in relation to the Crime No. 267/2022 registered with the Police Station anjangaon, District amravati for the offences punishable under Sections 354a, 354D and 506 of the Indian Penal Code and Section 67a of the Information Technology act, the applicant shall be released on provisional bail on furnishing P.R. Bond of Rs. Ten Thousand and surety to the like amount. (d) The applicant shall not tamper with the investigation nor shall dissuade the witnesses from deposing in relation to the said crime. Ten Thousand and surety to the like amount. (d) The applicant shall not tamper with the investigation nor shall dissuade the witnesses from deposing in relation to the said crime. (e) The applicant shall co-operate with the investigation and shall remain present before the Investigating Officer on 13/05/2022 between 11:00 am to 2:00 pm. (f) The applicant shall make himself available for the investigation as and when called by the Investigating Officer. Copy of this order duly authenticated by Private Secretary be given to the parties to act upon.