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Bombay High CourtBA/3570/2022allowed

Rohit Keshav Jagtap v. State Of Maharashtra And ANR

2023-04-13Hon'Ble Shri Justice N. R. Borkar2 pages

23-BA-3570-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3570 OF 2022 Rohit Keshav Jagtap ...

Applicant

Versus

The State of Maharashtraand another ...

Respondents .........

Mr. Rahul Dhaygude for the Applicant.

Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 13 APRIL 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 280 of 2022 registered at Baramati City Police Station, Pune for the offences punishable under Sections 376, 427, 504, 506 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

According to the prosecution, on the date of alleged incident, which took place on 06 June 2022, the present applicant had told the victim to come to the place of incident or else he would kill her son and when she went there, it is alleged that the present applicant had forcibly Kanchan P Dhuri 1 / 2

23-BA-3570-2022.odt committed sexual intercourse with her.

5.

I have perused the statement of the victim. According to her, she was dragged inside the bushes and there she was subjected to sexual intercourse. However, during the medical examination, not a single external injury was found on her person.

6.

The learned APP submits that there are other criminal antecedents against the present applicant. However, considering the facts and circumstances of the case, I am inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Rohit Keshav Jagtap be released on bail in Crime No. 280 of 2022 registered at Baramati City Police Station, Pune for the offences punishable under Sections 376, 427, 504, 506 of Indian Penal Code, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned police station once in a month i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

(iv) The prosecution is at liberty to file an application for cancellation of the bail, if the applicant commits any other offence. ( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2