Akshay Bapu @ Vishwas Gaikwad @ Gadhave v. State Of Maharashtra

910-ba-1907-22.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.03.08 15:10:39 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1907 OF 2022 Akshay Bapu @ Vishawas Gaikwad @ Gadhave ...Applicant V/s.

The State of Maharashtra & anr.

...Respondents.

Mr. Pravin Gaikwad for the Applicant.

Mr. A.A. Palkar, APP for the Respondent/State Mr. Vashisth Kumar Arora for Respondent No.2.

CORAM

:

N.R. BORKAR, J.

DATE :

19.01.2023.

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. 974 of 2021 registered at Yavat Police Station, Pune Rural for the ofences punishable under Sections 376, 354, 341, 504 and 506 of the Indian Penal Code and Sections 4, 8 and 12 of Protection of Child from Sexual Ofences Act, 2012.

3.

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

4.

The victim has fled the afdavit that she has no objection if the applicant is released on bail. Even otherwise, there are no allegations of penetrative sexual assault. The applicant is in jail for Dinesh S. Sherla 1/2

910-ba-1907-22.doc more than one year. Considering the facts and circumstances of the case, I am inclined to release the applicant 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 C.R. No. 974 of 2021 registered at Yavat Police Station, Pune Rural for the ofences punishable under Sections 376, 354, 341, 504 and 506 of the Indian Penal Code and Sections 4, 8 and 12 of Protection of Child from Sexual Ofences Act, 2012 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 not enter into the limits of village Nandgaon till conclusion of trial without permission of the trial Court.

(iv) The applicant shall furnish his residential address, where he is going to reside after his release and his mobile number, if any, to Yawat police station.

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