Ajay Krupal Rathod v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1618 OF 2020 BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2021.10.12 20:38:35 +0530 Ajay Krupal Rathod ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Jagdish Dagade i/by Mr. Vijaykumar R. Garad for Applicant. Mr. M.G. Patil, APP for State.

Coram : NITIN W. SAMBRE, J.

Date : 12th OCTOBER, 2021 P.C.:

1.

The applicant, step-father of the victim was arrested on 15th March, 2020 in Crime No. 142 of 2020, registered with Kalyan Taluka Police Station, for the offence punishable under Sections 376(3), 323, 506 of the Indian Penal Code and under Sections 4, 6, 8 of POCSO Act, 2012.

2.

The applicant is already charge-sheeted.

2/3 3.

The victim-girl, claimed that the applicant has sexually assaulted her. The maximum punishment for the said offence is for a period of five years.

4.

There are no criminal antecedents. The applicant is behind bar for last about more than 11⁄2 years.

5.

In the aforesaid background, in my opinion, a case for grant of regular bail is made out. The application is allowed on following conditions :

O R D E R

(i) The applicant be released on bail in Crime No. 142 of 2020, registered with Kalyan Taluka Police Station, for the offence punishable under Sections 376(3), 323, 506 of the Indian Penal Code and under Sections 4, 6, 8 of POCSO Act, 2012 on furnishing P.R. bond in the sum of Rs.15,000/- with one or more sureties in the like amount. (ii) The applicant shall neither influence the prosecution witnesses in any manner nor tamper with the evidence of victim.

3/3 (iii) The applicant shall remain outside the jurisdiction of the place of stay of the victim-girl.

(iv) The applicant shall furnish his place of residence and contact details to the I.O. at the time of executing surety bond. ( NITIN W. SAMBRE, J. )