Amit Singh Baghel v. State Of Maharashtra

917-BA-207-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 207 OF 2023 Amit Singh Baghel ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Omprakash Parihar for the Applicant.

Ms. Rutuja Parihar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 23 MARCH 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 140 of 2022 registered at Nhava Sheva Police Station, Navi Mumbai for the offences punishable under Sections 376, 376(2)(N), 313, 342, 323, 504, 506 r/w. 34 of Indian Penal Code.

3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

Kanchan P Dhuri 1 / 2

917-BA-207-2023.odt 4.

The present applicant and other co-accused are brothers. The prosecutrix was working as a cook in their hotel. As she was not having any place to stay, co-accused Anurag told her to stay with them. It is alleged that one day in the month of June, the co-accused Kuldeep came to her room and forcibly committed sexual intercourse with her. It is alleged that few days thereafter the present applicant and co-accused Anurag also forcibly committed sexual intercourse with her and when she threatened to lodge the report, one of the co-accused Anurag prevented her from doing so on the pretext that he would marry her. It is further alleged that when the prosecutrix was pregnant, the co-accused Kuldeep forcibly made her to consume certain medicines with a view to abort her pregnancy. 5.

The main allegations are against co-accused Kuldeep and Anurag. In that view of the matter, I am inclined to release the applicant on bail. Hence, the following order is passed: (i) Application is allowed.

(ii) The applicant - Amit Singh Baghel be released on bail in Crime No. 140 of 2022 registered at Nhava Sheva Police Station, Navi Mumbai for the offences punishable under Sections 376, 376(2)(N), 313, 342, 323, 504, 506 r/w. 34 of Indian Penal Code, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. (iii) The applicant shall attend the concerned police station once in a month i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

by KANCHAN PRASHANT DHURI Date:

2023.05.30 16:49:19 +0530 KANCHAN PRASHANT DHURI ( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2