← Library
Bombay High CourtABA/303/2023allowed

Ramkrushna Shivaji Kumbhar v. State Of Maharashtra And ANR

2023-02-15Hon'Ble Shri Justice N. R. Borkar2 pages

25-ABA-303-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 303 OF 2023 Ramkrushna Shivaji Kumbhar ...

Applicant

Versus

The State of Maharashtra and another ...

Respondents .........

Mr. Satyavrat Joshi alongwith Mr. Shubham Mhatre instructed by Mr. Ashish Vernekar for the Applicant.

Ms. Veera Shinde, APP for the State.

Hemant Hanumant Dhaygude, Dattawadi Police Station, Pune. .........

CORAM : N.R. BORKAR, J.

DATED : 15 FEBRUARY 2023 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 215 of 2022 registered at Dattawadi Police Station, Pune for the offences punishable under Sections 354, 506 of Indian Penal Code and Sections 7, 11 of the Protection of Children from Sexual Offences Act. 3.

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

Kanchan P Dhuri 1 / 2

25-ABA-303-2023.odt 4.

The allegations against the present applicant are that on the date of incident which took place on 09 September 2022, the present applicant had touched the victim inappropriately. 5.

It appears that the mother of the victim, who is the complainant in the present crime had filed an affidavit before the Sessions Court that, she has no objection if anticipatory bail is granted to the present applicant. The prosecution has already filed the charge-sheet against the present applicant. Considering the overall facts, I am inclined to grant anticipatory bail to the present applicant. In the result, the following order is passed :

(i) Application is allowed.

(ii) In the event of arrest of the applicant - Ramkrushna Shivaji Kumbhar in Crime No. 215 of 2022 registered at Dattawadi Police Station, Pune for the offences punishable under Sections 354, 506 of Indian Penal Code and Sections 7, 11 of the Protection of Children from Sexual Offences Act, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount. ( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2