Rajesh Ramtirth Varma @ Rajesh Ramakrit Verma v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Cri. BAIL APPLICATION NO. 3268 OF 2018 Rajesh Ramtirth Varma @ Rajesh Ramakrit Verma ... Applicant.

V/s.

The State of Maharashtra ... Respondent.

--- Mr. Abdul Kalam Shaikh, Advocate for the Applicant. Mrs. A. A. Takalkar, APP for the State.

(Mr. K. S. Naik, PSI, Sahar Police Station, is present) --- CORAM : PRAKASH D. NAIK, J.

DATE : MARCH 07, 2019.

PC :

The Applicant is arrested on 04.11.2017 in connection with CR No. 334 of 2017, registered with Sahar Police Station for offence punishable under section 354 of Indian Penal Code and section 8 of the Protection of Children from Sexual Offences Act (POCSO Act) 2012.

The case of the prosecution is that the victim is minor child, who was subjected to inappropriate touch by the applicant, outraging her modesty. It is alleged that the statement of the victim was recorded under section 161 and 164 of the Indian Penal Code. The learned counsel for the 1/3

applicant submitted that the applicant is in custody for a period of about 17 months. The matter is kept for framing of charge since last about six months; however, there is no progress in trial.

Looking to the facts that the applicant is in custody since November, 2017, the bail can be granted with certain conditions. Hence, following order.

O R D E R

(I) Bail Application no. 3268 of 2018 is allowed. (II) Applicant is directed to be released on bail in C.R. No. 334 of 2017 registered with Sahar Police Station on furnishing P. R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.

(III) Applicant is permitted to furnish cash security in the sum of Rs. 25,000/- for a period of 6 weeks from the date of his release.

(IV) Applicant shall not enter within the jurisdiction of Sahar Police Station till conclusion of the trial. 2/3

(V) The applicant shall furnish his details of address, contact number etc., to the investigating officer officer after his release on bail.

(VI) The applicant shall report to the nearest police station where he would reside, once in month on first Saturday of month between 11.00 am to 01.00 p.m. till further orders.

(VII) In the event, it is found that the Applicant has committed breach of any of the condition, the prosecution is at liberty to move for cancellation of bail granted to the applicant.

(VIII) The Applicant shall attend the trial regularly on the date of hearing of the case unless exempted by the trial court.

Application stands disposed of.

(PRAKASH D. NAIK, J.) .....

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