Rohit @ Gomya Ramchandra Mahadik v. The State Of Maharashtra

(37)-BA-684-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.684 OF 2017 Rohit @ Gomya Ramchandra Mahadik ..Applicant

Versus

The State of Maharashtra ..Respondent Mr. Nitin Sejpal a/w Mrs. Pooja Sejpal for the Applicant. Mr. S. S. Hulke, APP for the Respondent - State. CORAM : T. V. NALAWADE, J.

DATE : 21st AUGUST 2017 P.C.

The Application is filed for bail in C. R. No.76 of 2016 registered with the Mahad Police Station punishable under Section 376, 376(2)(n), 452, and 506 of the Indian Penal Code. Both the sides are heard. Report of investigations are made available for perusal of this Court.

The allegations against the present Applicant are that when the Complainant was alone at home and all other family members had gone out of the house for their work, Applicant raped her and then in June 2016, Applicant again came to her house and raped her. It is further alleged that the Applicant committed sexual intercourse with her for 5 - 6 times within a gap of 15 days. Thereafter she missed her Menstrual BGP.

(37)-BA-684-17.doc.

Cycle 15 days prior to lodging of FIR, she went to doctor who told her that she was pregnant. She alongwith her aunt went to the police station and then FIR was registered.

Medical report is consistent to the aforesaid contentions. The Applicant is aged about 20 years. There is a school record which supports that the victim has completed 18 years of age. The Applicant is behind the bars since 04.11.2016. This Court holds that it is not desirable to keep the Applicant behind the bars till the disposal of proceedings. In the result, application is allowed. The Applicant is to be released on bail on his furnishing P.B. and S.B. of Rs.50,000/- with one or more solvent sureties in the like amount. The Applicant is not to tamper with the prosecution witnesses. He is not to commit similar offence. The Applicant is not to enter village Khardi, Taluka Mahad, District Raigad till the proceeding against him is pending.

[T. V. NALAWADE, J] BGP.