Sangita Rangrao Akurde v. The State Of Maharashtra And ANR

Digitally signed by DINESH SADANAND SHERLA Date:

2023.02.18 14:52:22 +0500 45-ba-3262-22.doc DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3262 OF 2022 Sangita R. Akurde ...Applicant V/s.

The State of Maharashtra and anr.

...Respondents.

Mr. Anand Patil a/w. Mr. Sandip Kagade for the Applicant. Mrs. Veera Shinde, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

20.01.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.197 of 2022 registered at Kagal Police Station, Kolhapur for the ofences punishable under Sections 363, 376(2) (I), 366(a), 201, 109 read with 34 of the Indian Penal Code and Sections 4,8,10 and 12 of the Protection of Women from Sexual Ofences Act and under Section 67(a) of the Information and Technology Act, 2000. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State and perused the statement of victim recorded under Sections 161 and 164 of the Cr.P.C.. 4.

The allegations against the co-accused are of rape and the allegations against the present applicant are of abetment. However, the alleged act of physical relations between the coDinesh S. Sherla 1/2

45-ba-3262-22.doc accused and victim appears to be consensual. The applicant is in jail for about six months. Considering the facts and circumstances of the case, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No. 197 of 2022 registered at Kagal Police Station, Kolhapur for the ofences punishable under Sections 363, 376(2) (I), (J), (F), (N), 366(a), 201, 109 read with 34 of the Indian Penal Code and Sections 4,8,10 and 12 of the Protection of Women from Sexual Ofences Act and under Section 67(a) of the Information and Technology Act, 2000 on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2