Mahesh Dagdu Mahadik v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 523 OF 2019 Mahesh Dagdu Mahadik ... Applicant.

V/s.

The State of Maharashtra, ... Respondent.

through Dahisar Police Station, Mumbai.

--- Mr. Santosh Musale, Advocate, I/by R.R.Chaudhary for the Applicant.

Mr. S. R. Agarkar, APP for the State.

(Mr. Shivaji Chaure, PSI, Dahisar Police Station, is present.) --- CORAM : PRAKASH D. NAIK, J.

DATE : FEBRUARY 25, 2019.

PC :

The Applicant is arrested on 29.10.2018 in CR No. 708 of 2018. The FIR was lodged by the victim, who is about 16 years old, with the Dahisar Police Station on 29.10.2018 for the offence under sections 354, 323, 506 of the Indian Penal Code and sections 8 & 12 of POSCO Act, 2012. It is alleged that on 27.10.2018, the applicant had approached the complainant and told her to elope with him. Again on 28.10.2018, the applicant had made similar demand. He also threatened her. On the same day, in the 1/3

evening, the applicant-accused pulled hair of the complainant and caught-hold of her hand.

Investigation is completed and the chargesheet is filed. The applicant is in custody from 29.10.2018. There are no criminal antecedents against the applicant. On stringent conditions, bail can be granted to the applicant. Hence, I pass following order :

ORDER

i.

Bail Application No. 523 of 2019 is allowed. ii.

The Applicant is directed to be released on bail in connection with CR No. 708 of 2018, registered with the Dahisar Police Station, on his furnishing PR Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. iii.

The Applicant shall not enter within the jurisdiction of Dahisar Police Station till the conclusion of the trial. Iv.

The applicant shall not approach the victim and shall not try to tamper with the evidence.

v.

In case of breach of any condition, the prosecution will be at liberty to prefer an application for cancellation of bail. 2/3

vi.

The Applicant shall furnish details of his place of residence to the Investigating Officer and shall report to nearest police station, where he would reside. Vii.

The applicant shall attend the trial court regularly on the date of the hearing of the case unless exempted by the court.

(PRAKASH D. NAIK, J.) .....

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