Ashokkumar @ Deepak Gopal Saw v. The State Of Maharashtra

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 844 OF 2018 Ashokkumar @ Deepak Gopal Saw ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. P. R. Dave, for the Applicant.

Smt. J. S. Lohokare, APP for the State/Respondent.

CORAM:

A. S. GADKARI, J DATED:

14th JUNE, 2018 PC:- 1.

This is an application under Section 439 of Cr.P.C. for bail in CR No.I-156 of 2017 dated 6th September, 2017 registered with Palghar Police Station, Palghar, under Sections 370 (A), 376, 328, 506 of Indian Penal Code and under Sections 4 and 5 of Prevention of Immoral Traffic Act and under Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act.

2.

Heard the learned Counsel for the Applicant and the learned APP. Perused the charge sheet.

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3.

The learned Counsel for the Applicant submitted that the co-accused namely Ram Lakhan @ Ramu Sewalprasad Gupta, who has been attributed with the same and similar role, has been released on bail by this Court by an Order dated 15th March, 2018 and therefore, the applicant is entitled to be released on bail on the ground of parity. 4.

The learned APP fairly conceded to the said fact and the situation.

After perusing the entire charge-sheet this Court of the view that the role attributed to the present applicant is same and similar to that has been attributed to the coaccused Ram Lakahan @ Ramu Gupta and therefore the applicant is entitled to be released on bail on the ground of parity.

Hence the following order.

(i) The applicant be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or tow local solvent sureties in the like amount.

(ii) The applicant shall attend the concerned Police Station on the first Saturday of every 2/3

month, between 10:00 am. To 11:00 am. till the conclusion of the trial.

(iii) The applicant shall not tamper with the evidence or attempt to influence the complainant, witnesses or any person concerned with the case.

(iv) The applicant shall co-operate in the conduct of the trial.

(v) An undertaking to the aforesaid clauses (ii) to (iv), shall be filed by the applicant in the Registry of the Trial Court within two weeks of his release from jail.

5.

Application is allowed in aforesaid terms.

[A. S. GADKARI, J.] 3/3