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Bombay High CourtBA/938/2023allowed

Sandip Prabhakar Rathod v. State Of Maharashtra And ANR

2023-04-21Hon'Ble Shri Justice N. R. Borkar2 pages

57-BA-938-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 938 OF 2023 Sandip Prabhakar Rathod ...

Applicant

Versus

The State of Maharashtraand another ...

Respondents .........

Mr. Rahul Kadam for the Applicant.

Ms. Veera Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 21 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. 167 of 2022 registered at Bhigwan Police Station, Pune for the offences punishable under Sections 363, 366 r/w. 34 of Indian Penal Code. 3.

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

4.

According to the prosecution, on the date of incident, which took place on 27 June 2022, the co-accused Pappu Bichkule had taken Kanchan P Dhuri 1 / 2

57-BA-938-2023.odt away the victim, who at the relevant time was 17 years old, from lawful custody of the complainant with intent to compel her to marry with him. According to the prosecution, the present applicant had helped the said coaccused Pappu Bichkule in the alleged act of kidnapping. 5.

Prima-facie, the case appears to be of elopement than that of kidnapping. In that view of the matter, I am inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Sandip Prabhakar Rathod be released on bail in Crime No. 167 of 2022 registered at Bhigwan Police Station, Pune for the offences punishable under Sections 363, 366 r/w. 34 of Indian Penal Code, 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:

2023.07.10 14:20:35 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2