Sunil Ankush Shinde v. The State Of Maharashtra And ANR

1/2 40.BA.4275.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by ANANT KRISHNA NAIK Date:

2023.05.16 15:47:24 +0530 ANANT KRISHNA NAIK CRIMINAL BAIL APPLICATION NO. 4275 OF 2021 Sunil Ankush Shinde ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Saurabh V. Patil for the Applicant.

Ms. Veera Shinde, APP for the Respondent-State Mr. Subir Sarkar for Respondent No. 2

CORAM

: N.R. BORKAR, J.

DATE : 6TH APRIL, 2023 P.C.:

1.

This is an application filed u/s. 439 of Code of Criminal Procedure for grant of bail.

2.

The Applicant came to be arrested in C.R. No. 475 of 2018 registered at Lonikalbhor Police Station for the offences punishable under sections 363, 366, 376 of IPC and u/s. 4, 8, 12 of POCSO Act.

3.

I have heard the learned counsel for the Applicant, learned APP for the State and learned counsel for Respondent No. 2. 4.

According to the prosecution on 10/07/2018 the present applicant told the victim to accompany him for outing. It is alleged that the applicant then took her to various places and committed akn 1/2

2/2 40.BA.4275.2021.doc sexual intercourse with her on the pretext that he would be marrying her.

5.

The case appears to be of love affair. The Applicant and the Victim stayed together for about three months. The Applicant is in jail for more than four years.

6.

Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. Hence, the following order is passed.

:: ORDER ::

(i) The Application is allowed.

(ii) The Applicant be released on bail in C.R. No. 475 of 2018 registered at Loni Kalbhor Police Station for the offences punishable u/s. 363, 366, 376 of IPC and u/s. 4, 8, 12 of POCSO Act on furnishing P.R. Bond of Rs.15,000/- with one or more sureties in the like amount.

(iii) The Applicant shall not tamper with the prosecution evidence.

(N. R. BORKAR, J.) akn 2/2