Sonu Munna Singh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2023.01.20 18:24:08 +0530 DIKSHA DINESH RANE BAIL APPLICATION NO.4280/2021 SONU MUNNA SINGH ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Pravada Raut i/b. Adv. S. S. Redekar for the applicant. Mr. S. V. Gavand, APP for State.

Adv. Anandini Fernandes for the respondent no.2 ------------ CORAM : M. S. KARNIK, J.

DATE : JANUARY 20, 2023.

P.C. :

1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for the respondent no.2. 2.

This is an application for bail in respect of the o+ence punishable under Sections 354-A, 506 of the Indian Penal Code (hereafter 'IPC' for short) read with Sections 8 and 10 of the Protection of Children from Sexual O+ences Act, 2012 (hereafter 'POCSO Act' for short) registered vide First Information Report (FIR) No.I-1264/2018 with Tulinj Police Station.

3.

The applicant is the father of the victim. The applicant was arrested on December 5, 2018 for an incident which 1/3

happened on November 18, 2018, at 3.30 a.m. The applicant is in custody for almost 4 years and 2 months. The maximum punishment for the o+ence alleged is 7 years. The applicant has undergone more than half of the sentence. I am informed that the victim is not staying at the address.

4.

The trial has commenced. The charge was framed in the year 2019, but since then there has been no progress in the trial. I In this view of the matter, the applicant can be released on bail. Hence the following order.

O R D E R

(a) The application is allowed.

(b) The applicant-Sonu Munna Singh in connection with FIR No.I-1264/2018 with Tulinj Police Station, shall be released on bail on his furnishing P.R. Bond of Rs.10,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the trial Court regularly on the date of hearing unless exempted by the Court.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the 2/3

facts of the case so as to dissuade him from disclosing the facts to Court or any Police OAcer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OAcer and shall keep him updated, in case there is any change.

(f) It is requested that the child witness be examined within a period of one month from the date of placing of this order before the trial Court.

5.

The application is disposed of.

6.

I express my gratitude for the able assistance rendered by the advocate- Anandini Fernandes representing the respondent no.2.

(M. S. KARNIK, J.) 3/3