Yogesh Bajirao Mandhare v. The State Of Maharashtra

1 908) aba306-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.306 OF 2019 Yogesh Bajirao Mandhare ..Applicant.

V/s.

State of Maharashtra ..Respondent.

Mr.Satyan H.Nimbalkar with Mr.Rohit Patwardhan for the applicant. Smt.Rutuja Ambekar, APP for the respondent-State. CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 5, 2019 P.C.:- Heard learned counsel for the applicant and learned APP for the State.

2.

In crime No.8/2019 for offence punishable under sections 354 of the Indian Penal Code and sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 registered with Shirur police station, Pune, the applicant is seeking pre-arrest bail.

3.

Apart from delay in lodging the F.I.R., considered the allegations against the applicant in the F.I.R. The parties are related to each other. Crime No.9/2019 for offences punishable under section 324, 323, 341, 147, 148. 149 and 143 of the Indian Penal

2 908) aba306-19.doc Code was registered with Shirur police station, Pune at the behest of the applicant against the family members of the complainant in this crime. Apart from unexplained delay, the fact remains that there is hardly any material to satisfy the ingredients for the offences alleged against the applicant which warrants his custodial interrogation. In view thereof, the following order is passed :- i) In the event of arrest in Crime No.8/2019 for offence punishable under section 354 of the Indian Penal Code and sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 registered with Shirur police station, Pune, the applicant be released on bail on his executing P.R. bond of Rs.25,000/- with one or more sureties in the like amount; ii) The applicant shall attend the Investigating officer on 11th and 15th February, 2019 between 10.00 a.m. to 12.00 noon and thereafter as and when directed;

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

iv) The applicant shall co-operate with the investigating agency; v) The application stands disposed of accordingly. (NITIN W. SAMBRE, J.)