Bhagwan Baburao Kedar v. The State Of Maharashtra

1 13) ba168-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.168 OF 2019 Bhagwan Baburao Kedar ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.Abhay Jadhavar and Amit Yadav I/b. Sachin Zalte for the applicant.

Mr.S.S.Hulke, APP for the respondent-State.

CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 26, 2019 P.C.:- Heard learned counsel for the applicant and learned APP for the State.

2.

After his arrest on February 10, 2018, the applicant is charge-sheeted in crime No.12/2018 for offence punishable under sections 363, 36(A), 376 (2)(i)(j) of the Indian Penal Code and section 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

3.

Apart from the fact that there was love affairs between

2 13) ba168-19.doc the applicant and the victim girl, the medical evidence is not supporting the case of the prosecution. In view thereof, a case of grant of bail is made out. Hence the order :- i) The applicant be released on bail in Crime No.12/2018 for offence punishable under sections 363, 36(A), 376 (2)(i)(j) of the Indian Penal Code and section 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 upon furnishing P.R. bond of Rs.25,000/- with one or more sureties in the like amount;

ii) The applicant shall not influence the prosecution witnesses or tamper with the evidence;

iii) The applicant shall remain outside the jurisdiction of Otur police station or the place where the victim is staying till the trial is completed;

v) The application stands disposed of accordingly. (NITIN W. SAMBRE, J.)