Nikhil Shrikant Godse v. The State Of Maharashtra

1 17.295.19 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 295 OF 2019 Nikhil Shrikant Godse .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Raviraj S. Gamare i/b Mr. Manoj Gaikwad for the applicant Smt. Rutuja Ambekar APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

MARCH 6, 2019.

P.C.

Applicant is seeking regular bail in Crime No. 240/2017 registered with Sahakar Nagar Police Station, Pune City for offence punishable under Sections 376-D, 506 r/w 34 of the Indian Penal Code, sections 4, 5(G), 6, 11 (5), 12 of Protection of Children from Sexual Offences Act, 2012 and Sections 66(E), 67(A) of Information Technology Amendment Act, 2008 The prosecution case is present applicant alongwith other coaccused have tried to blackmail the complainant who was minor and

2 17.295.19 ba.doc tried to establish physical relation with her. Applicant was subjected to custodial interrogation and chargesheet is already filed. The other two co-accused are already released on bail. During investigation, it revealed that mobile number which is used by the applicant in the crime in question was put under surveillance and CDR demonstrates that the said number was used from Pandharpur and not from the place of incidence. As such, presence of the applicant on the spot of the offence is under cloud. The said angle is not investigated.

In the aforesaid background, having regard to the fact that there are no criminal antecedents, applicant is behind the bear since August 6, 2017 and other co-accused are already released, a case for grant of bail is made out.

(A) Applicant be released on bail in Crime No. 240/2017 registered with Sahakar Nagar Police Station, Pune City on

3 17.295.19 ba.doc executing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.

(B) Applicant shall remain outside the jurisdiction of Sahakar Nagar Police Station till charge is framed. (C) Applicant shall not influence witnesses or tamper with evidence.

Application stands disposed of.

[NITIN W. SAMBRE, J.]