Sachin S/O Lal Singh v. The State Of Maharashtra

912-ba-3873-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3873 OF 2022 Sachin s/o. Lal Singh ...Applicant V/s.

The State of Maharashtra & anr

...Respondents.

Mr. S.P. Baraswade a/w. Mr. Kaustubh S. Pawar for the Applicant. Mrs. Veera Shinde, APP for the Respondent/State. Ms Trupti Khamkar, Appointed Advocate for the Respondent No.2.

CORAM

:

N.R. BORKAR, J.

DATE :

18.04.2023.

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.2534 of 2020 registered at Sinhagad Road Police Station, Pune for the ofences punishable under Sections 363, 376 (2) (n) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Ofences Act.

3.

I have heard the learned counsel for the applicant, the learned APP for the respondent - State and the learned counsel for respondent No.2.

4.

According to the prosecution, the present applicant committed sexual intercourse with the victim on the pretext that he would be marrying her.

1/2

912-ba-3873-22.doc 5.

I have perused the statement of victim recorded under Section 164 of Cr.P.C. It appears that the victim and the applicant got acquainted with each other through social media. It further appears that they were intending to marry and the victim stayed at the house of the applicant on her own. Considering the facts and circumstances and as the applicant is in jail for about 2 and 1⁄2 years, 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. 2534 of 2020 registered at Sinhagad Road Police Station, Pune for the ofences punishable under Sections 363, 376 (2) (n) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Ofences Act 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.] 2/2