Bharat Ulhas Bambale v. The State Of Maharashtra And ANR

38-BA-3178-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3178 OF 2022 Bharat Ulhas Bambale ...

Applicant

Versus

The State of Maharashtraand another ...

Respondents .........

Ms. Manisha Devkar for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

Ms. Megha Bajoria for Respondent No.2.

.........

CORAM : N.R. BORKAR, J.

DATED : 19 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. 228 of 2020 registered at Otur Police Station, Pune Rural for the offences punishable under Sections 363, 366-A, 376, 201 of Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012. 3.

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

Kanchan P Dhuri 1 / 2

38-BA-3178-2022.odt 4.

According to the victim, she got acquainted with the applicant about one month prior to the alleged incident, which took place on 29 June 2020. According to her, on the date of alleged incident, the present applicant told her that they would elope and on motorcycle took her to Junnar. According to the victim, in one hut at Junnar, the present applicant committed forcible sexual intercourse with her. 5.

It appears that there was love affair between the victim and the present applicant. The applicant is in jail for about 3 years. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Bharat Ulhas Bambale be released on bail in Crime No. 228 of 2020 registered at Otur Police Station, Pune Rural for the offences punishable under Sections 363, 366-A, 376, 201 of Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.07.04 18:30:12 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2