Sudhanshu @ Monu Dhirendra Malik v. State Of Maharashtra

52-BA-791-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 791 OF 2022 Sudhanshu @ Monu Dhirendra Malik ...

Applicant

Versus

The State of Maharashtra and another ...

Respondents .........

Mr. Ashish Kachole alongwith Mr. Abhishek Arote, Mr. Vaibhav More and Mr. Satyam Nimbalkar for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

Mr. Omkar Chitale for Respondent No.2.

.........

CORAM : N.R. BORKAR, J.

DATED : 13 FEBRUARY 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. 101 of 2021 registered at Alandi Police Station, Pune for the offences punishable under Sections 376, 506 of Indian Penal Code and Sections 4, 8, 12 of the Protection of 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

52-BA-791-2022.odt 4.

According to the prosecution, on the date of incident, which took place on 21 May 2022, the present applicant, who was residing in the neighbourhood of the victim, called her to his house on some false pretext and committed forcible sexual intercourse with her. The victim however, in her statement recorded under Section 164 of Cr.P.C. has not supported the prosecution. The applicant is in jail for about 11⁄2 years. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Sudhanshu @ Monu Dhirendra Malik be released on bail in Crime No. 101 of 2021 registered at Alandi Police Station, Pune for the offences punishable under Sections 376, 506 of Indian Penal Code and Sections 4, 8, 12 of the Protection of Children from Sexual Offences Act, 2012, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. ( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.05.11 13:26:42 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2