Sagar Jagdish Dhakane v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1697 OF 2018 Sagar Jagdish Dhakane ..Applicant v/s.

The State of Maharashtra .

..Respondents Mr.Kuldip Patil a/w. Mr. Prashant Hagare for the Applicant. Ms. Pallavi Dabholkar, APP for the Respondent/State. CORAM : ANUJA PRABHUDESSAI,J.

DATED : August 30, 2018.

P.C.

1.

This is an application for bail filed by the aforesaid applicant who is arrested in Crime No. 268 of 2018 registered with Baramati City Police Station for the offences punishable under Section 376, 323, 504, 506 of the IPC.

2.

Heard Shri Patil, the learned Counsel for the applicant and the learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsels for the respective parties.

3.

The material on record prima facie indicates that the prosecutrix is 27 years old married lady. The applicant is her cousin. She has alleged that they have been having physical relationship since the year 2016. Though the prosecutrix has stated that she has been having physical relationship with the applicant under threats, there is no prima facie material to show that she had ever complained about the said incident to the police or any other family members.

4.

Considering the above facts and circumstances, and also considering the statement of the learned APP that the investigation is completed and charge sheet is likely to be filed within one or two weeks, in my considered view, the presence of the applicant is no longer required in the custody. Hence, the applicant is ordered to be released on bail on the following terms and conditions:- (i) The applicant be released on bail on the applicant furnishing bail bond in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand Only) with one or two solvent sureties in the like amount to the satisfaction of the Investigation Officer;

(ii) The applicant shall attend the concerned police station on the

first and third Saturday of every month between 10.00 a.m. to 1.00 a.m. till conclusion of the trial;

(iii) The applicant shall not interfere with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iv) The applicant shall furnish his permanent as well as temporary address, if any, and his contact number to the Investigation Officer; (v) The applicant to co-operate with the conduct of the trial; (vi) If there is a breach of any of the aforesaid conditons, the prosecution shall be at liberty to seek cancellation of the applicant's bail.

5.

Bail application is accordingly disposed of.

(ANUJA PRABHUDESSAI, J.) by Prasanna Pradeep Salgaonkar Date:

2018.09.01 10:50:49 +0530 Prasanna Pradeep Salgaonkar