Akshay Shripad Rao v. The State Of Maharashtra

1 17.533.19 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 533 OF 2019 Akshay Shripad Rao .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Satyajeet P. Dighe for the applicant Ms. Sharmila S. Kaushik APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

FEBRUARY 25, 2019.

P.C.

Applicant is seeking regular bail in Crime No. 10/2017 registered with Cyber Crime Branch, Nashik for offence punishable under Sections 354(A) of the Indian Penal Code and Section 67 and 67A of the Information Technology Act, 2000.

While rejecting the earlier bail application for bail on 15/10/2018, this Court granted liberty to the applicant to approach this Court after the evidence of two victim girls is recorded. The

2 17.533.19 ba.doc learned counsel for the applicant has produced on record the copy of the evidence of two victim girls.

The learned counsel for the applicant submits that apart from the evidence in question, there are no criminal antecedents and till the conclusion of trial, applicant will stay outside the jurisdiction of Nashik district but for attending the trial. An assurance is also given that applicant shall not seek any unreasonable adjournment before the learned Court below.

The maximum punishment provided for the offence is 5 years and majority of the sections under which the applicant is charge­ sheeted are bailable. In the backdrop of observations made by this Court in the order dated 15/10/2018 while deciding the bail application no. 2304/2017, this Court has observed that but for the recording of evidence of two victim girls, considering the maximum punishment, the applicant could have released. That being so, case for grant of bail is made out.

3 17.533.19 ba.doc (A) In the event of arrest of the applicant in Crime No. 10/2017 registered with Cyber Crime Branch, Nashik, applicant be released on bail on executing P.R. bond in the sum of Rs. 25,000/­ with one or more sureties in the like amount.

(B) Till the conclusion of trial, applicant shall keep himself away from the revenue jurisdiction of Nashik district but for attending the trial.

(C) Applicant shall not influence witnesses or tamper with evidence.

(D) The hearing of the trial is expedited and be completed within 3 months.

(E) In case if the applicant seeks adjournment on unreasonable grounds or try to delay the trial, liberty to the learned Sessions Court to order cancellation of bail and taken applicant in custody.

Application stands disposed of.

[NITIN W. SAMBRE, J.]