Satpalsingh Surajsingh Bawari v. The State Of Maharashtra

33-BA-1468-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1468 OF 2021 Satpalsingh Surajsingh Bawari ...

Applicant

Versus

The State of Maharashtra and others ...

Respondents .........

Ms. Pooja Agrawal instructed by Mr. Vipul Dushing for the Applicant. Mr. Amit Palkar, APP for the State.

Mr. Mrunal Surana for Respondent Nos.2 and 3. .........

CORAM : N.R. BORKAR, J.

DATED : 19 APRIL 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. 909 of 2017 registered at Yerwada Police Station, Pune for the offences punishable under Sections 376(2)(n), 506 of Indian Penal Code and Sections 5(l), 6 of the Protection of Children from Sexual Offences Act, 2012. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

Kanchan P Dhuri 1 / 2

33-BA-1468-2021.odt 4.

According to the prosecution, on 27 July 2017 and thereafter, on several occasions the present applicant committed sexual intercourse with the victim on the pretext that he would be marrying her. The victim has filed Affidavit that she has no objection if the present applicant is released on bail. Similar affidavit is filed by the mother of victim. The applicant is in jail for more than 5 years. It is further submitted that the applicant and victim are going to marry with each other. 5.

Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. Hence, the following order is passed:

(i) Application is allowed.

(ii) The applicant - Satpalsingh Surajsingh Bawari be released on bail in Crime No. 909 of 2017 registered at Yerwada Police Station, Pune for the offences punishable under Sections 376(2)(n), 506 of Indian Penal Code and Sections 5(l), 6 of the Protection of Children from Sexual Offences Act, 2012, on furnishing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.07.01 12:25:19 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2