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Bombay High CourtBA/2481/2016bail granted

Somnath Ajay Ganguli v. The State Of Maharashtra

2016-12-09Hon'Ble Shri Justice Nitin W. Sambre2 pages

920.BA. 2481.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2481 OF 2016 Somnath Ajay Ganguli .. Applicant

Versus

The State of Maharashtra .. Respondent Mr. Rahul Kate i/b Mr. R.D. Suryawanshi, Advocate for the Applicant. Mr. Deepak Thakare, A.P.P. for the Respondent - State. CORAM : N.W. SAMBRE, J.

DATED : 9th DECEMBER, 2016.

P.C. :

The applicant seeking regular bail in Crime No. 204 of 2016 for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act, 2012. The applicant herein came to be arrested on 03.10.2016 i.e. on the date of registration of crime.

The papers which are placed before the Court reflects that the victim girl Sargam was in love with a present applicant and in June, 2016, she had a physical relation with the present applicant. Perusal of the record depicts that the relationship of the applicant was well known to the family members of the victim girl Sargam. The investigation in the matter is almost at conclusive stage. Waghmare 1/2

920.BA. 2481.16.doc In view of the fact that the victim girl was above 17 years of age, the investigation is almost over, it will be appropriate in my opinion, to grant regular bail to the applicant. In view thereof, the application is allowed.

The applicant be released on bail on furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount. The applicant shall not enter the area where the victim girl resides. The applicant shall co-operate with the further investigation. The applicant shall regularly attend the trial and two consecutive defaults in attending the trial will entail the Court to proceed with cancellation of bail. The applicant shall not tamper with the evidence or influence the witnesses. (N.W. SAMBRE, J.) Waghmare 2/2