Vijay Atmaram Yelpale v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1191 OF 2017 Vijay Atmaram Yelpale ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.K.U.Nikam, for the Applicant Mr.S.S.Pednekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 13th JULY, 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 190 of 2017 registered with the Vaduj Police Station, Satara for the alleged offences punishable under Sections 363, 366A, 376 of the Indian Penal Code and under Sections 4 and 8 of Protection of Children from Sexual Offences Act. 3.

Learned Counsel for the applicant states that the applicant is

2/3 the father of Sandeep Yelpale, who is alleged to have kidnapped and committed sexual assault on the victim girl. He submitted that the applicant has not been named in the FIR, which is lodged by the victim's grand mother. He further submitted that the allegations as against the applicant are false and baseless.

4.

Learned APP has produced the statement of the victim girl. 5.

A perusal of the victim's statement shows that the allegations are essentially as against Sandeep Yelpale, the son of the applicant. The allegation as against the applicant is that he has brought clothes and garlands for the wedding. This is the only allegation, qua the applicant. The applicant is aged about 61 years of age.

6.

Considering the role ascribed to the applicant, the application is allowed and the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on

3/3 executing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station on 19th and 20th July, 2017, between 10.00 a.m. to 12.00 noon and thereafter as and when called, till the filing of the charge-sheet or for a period of three months from today, whichever is earlier.

7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie and are confined to this application.

9.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)