Sachin Gunvant Rautrao v. State Of Maharashtra

28-ba-56-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 56 OF 2022 Sachin G. Rautrao ...Applicant V/s.

State of Maharashtra and anr.

...Respondents.

Mr. Amol G. Jagtap for the Applicant.

Mrs.Veera Shinde, APP for the Respondent/State. Mr. Kartik Garg for Respondent No.2.

CORAM

:

N.R. BORKAR, J.

DATE :

06.03.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.30 of 2020 registered at Kondwa Police Station, Pune for the ofences punishable under Sections 363, 366, 376, 376(2)(n) of the Indian Penal Code and Sections 4,8 and 12 of the Protection of Children from Sexual Ofences Act.

3.

I have heard the learned counsel for the applicant, the learned APP for the respondent - State and the learned counsel for respondent No.2.

4.

According to the prosecution, the present applicant, who was residing in the neighbourhood of the victim, had induced her to elope with him. It is alleged that the applicant had committed Dinesh S. Sherla 1/2

28-ba-56-22.doc forcible sexual intercourse with the victim, while they were staying together on the pretext that he would be marrying her. 5.

The learned APP submits that on the date of alleged incident the victim girl was aged about 14 years. However, it appears that there was a love afair between the victim and the present applicant. The applicant is in jail for more than three years. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Application is allowed.

B] The applicant be released on bail in C.R. No. 30 of 2020 registered at Kondwa Police Station, Pune for the ofences punishable under Sections 363, 366, 376, 376(2)(n) of the Indian Penal Code and Sections 4,8 and 12 of the Protection of Children from Sexual Ofences Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2