Rahul Sanjay Jadhav v. State Of Maharashtra

39-ba-1873-22.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.01.11 16:04:30 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DINESH SADANAND SHERLA CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1873 OF 2022 Rahul S. Jadhav ...Applicant V/s.

The State of Maharashtra and anr.

...Respondents.

Mr. Sachin R. Pawar for the Applicant.

Mr. P.H. Gaikwad-Patil, APP for the Respondent/State. Ms Trupti Khamkar, Appointed Advocate for the Respondent No.2.

CORAM

:

N.R. BORKAR, J.

DATE :

20.12.2022.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. registered at Baramati Police Station, Pune Rural for the ofences punishable under Sections 376, 376-D, 377, 386, 323, 504, 506, read with 34 of the Indian Penal Code (IPC) and Sections 66(E), 67, 67 (A) of the Information Technology Act (IT Act). 3.

I have heard the learned counsel for the applicant, the learned APP for the respondent - State and the learned counsel for respondent No.2.

4.

Even though according to the prosecutrix, she was subjected to forcible sexual intercourse for the frst time in November 2021 and lastly on 3 January 2022, she lodged the report only on 11 March 2022. According to the prosecutrix herself, she is 26 years Dinesh S. Sherla 1/2

39-ba-1873-22.doc old. Considering these facts and circumstances and as the applicant is in jail for more than 9 months, I am inclined to release him on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in Crime No.132 of 2022 registered at Baramati Police Station, Pune Rural for the ofences punishable under Sections 376, 376-D, 377, 386, 323, 504, 506 read with 34 of the IPC and Sections 66(E), 67, 67 (A) of the IT Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the concerned police station once in a month, i.e., on frst Saturday between 11:00 a.m. to 2.00 p.m. till conclusion of trial.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2