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Bombay High CourtBA/3270/2019bail granted

Jayashree Ravindranath Pednekar v. The State Of Maharashtra

2019-12-17Hon'Ble Shri Justice Sandeep Kashinath Shinde4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3270 OF 2019 Jayashree Ravindranath Pednekar Applicant ...

V/s.

The State of Maharashtra ....Respondent **** Mr. Satyavrat Joshi a/w Ganesh Khandalekar i/by Mr. N. V. Kulkarni, Advocates for the applicant.

Mr. S.R. Agarkar, APP for the Respondent-State. CORAM :

CORAM : SANDEEP K. SHINDE, J.

SANDEEP K. SHINDE, J.

Tuesday, 17 Tuesday, 17th th December, 2019.

December, 2019.

P.C. :

P.C. :

Heard.

2.

Applicant is seeking enlargement on bail in Crime No.I-209/2019 registered with Meghwadi Police Station for the offences punishable under Sections 376, 420, 328, 506 r/w 34 of Indian Penal Code, 1860 r/w Section 2, 11 of Black Magic Act r/w Section 8 of Prevention of Children from Sexual Offences Act, 2012 (POCSO for short).

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2/4 3.

Jaykumar accused no.1, who allegedly - committed sexual assault on the applicant, is absconding. The complainant alleged in May, 2017, the applicant introduced Jaykumar to her. Since after introduction, it appears, complainant and Jaykumar were meeting and had indulged in the physical relationship.

4.

Complainant alleged in May, 2017, Jaykumar committed sexual assault, clicked her objectionable pictures and threatened to make it viral on social media sites. She alleged, Jaykumar extracted and/or, induced her to part with, Rs. 20 Lacs to him. The complaint, therefore, prima-facie does not disclose the complicity of the applicant in the offence punishable under Section 376 and 420 of the IPC.

5.

Learned APP submits there are no criminal antecedents, as against the applicant.

6.

The applicant is in jail since 10th October,

3/4 2019. Investigation is over and the charge-sheet is filed.

7.

In view of the facts of the case, the applicant is directed to be released on bail on the following conditions :

O R D E R

(i) The applicant is directed to be released on bail on executing PR bond in the sum of Rs.25,000/- each with one or more sureties in the like amount.

(ii) Applicant shall attend the concerned police station, as and when called by the Investigating Officer.

(iii) The applicant shall cooperate with the Investigating Officer.

(iv) The applicant shall furnish the particulars of her residence and mobile number to the concerned Police Station, within a week from her release on bail.

(v) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

8.

Application is allowed and disposed of.

4/4 9.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

10.

All concerned to act on the authenticated copy of this order.

(SANDEEP. K. SHINDE, J.)