Prashant Gautam Kamble v. State Of Maharashtra And ANR

3-BA-1832-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1832 OF 2022 Prashant Gautam Kamble ...

Applicant

Versus

The State of Maharashtra and another ...

Respondents .........

Mr. Vikas Shivarkar for the Applicant.

Mr. Amit Palkar, APP for the State.

Mr. Shantanu Phanse for the Respondent No.2.

Ms. Sangita Kale, PSI, Chandan Nagar Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 30 JANUARY 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. 328 of 2021 registered at Chandan Nagar Police Station, Pune for the offences punishable under Sections 376, 376(2)(n) of Indian Penal Code and Section 4, 5(J)(2), 6, 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

3-BA-1832-2022.odt 4.

It appears to be a case of love affair. The applicant is ready and willing to marry the victim. Even otherwise, the prosecutrix who at the relevant time was aged about 16 years, in her statement recorded under Section 164 of Cr.P.C. stated that the alleged act was consensual. Considering the 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 - Prashant Gautam Kamble be released on bail in Crime No. 328 of 2021 registered at Chandan Nagar Police Station, Pune for the offences punishable under Sections 376, 376(2)(n) of Indian Penal Code and Section 4, 5(J)(2), 6, 8, 12 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:

2023.03.31 19:01:54 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2