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Bombay High CourtBA/447/2022disposed off

Bhagwat @ Sagar Bhausaheb Yewale v. State Of Maharashtra And ANR

2023-01-12Hon'Ble Shri Justice N. R. Borkar2 pages

57-BA-447-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 447 OF 2022 Bhagwat @ Sagar Bhausaheb Yewale ...

Applicant

Versus

State of Maharashtra and another ...

Respondents .........

Mr. Rohit Bidwe for the Applicant.

Ms. Veera Shinde, APP for the State.

Mr. Ajinkya Udane for Respondent No.2.

.........

CORAM : N.R. BORKAR, J.

DATED : 12 JANUARY 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.21 of 2021 registered at Chikhali Police Station, Pune for the offence punishable under Sections 363, 366-A, 376 of Indian Penal Code and Sections 3, 4, 7 and 8 of the Protection of the Children from Sexual Offences Act, 2012. 3.

I have heard the learned Counsel for the applicant, the learned APP for the State and the learned counsel for the respondent No.2. Kanchan P Dhuri 1 / 2

57-BA-447-2022.odt 4.

I have perused the statement of the prosecutrix recorded under Section 164 of Cr.P.C. There was a love affair between the present applicant and the prosecutrix. The learned Counsel for the applicant on instructions submits that the present applicant is ready to marry with the prosecutrix. Considering the facts and circumstances of the case, I am inclined to release the present applicant on bail. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicant - Bhagwat @ Sagar Bhausaheb Yewale be released on bail in Crime No.21 of 2021 registered at Chikhali Police Station, Pune for the offence punishable under Sections 363, 366-A, 376 of Indian Penal Code and Sections 3, 4, 7 and 8 of the Protection of the Children from Sexual Offences Act, 2012 on furnishing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount. ( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.02.20 14:26:28 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2