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Bombay High CourtBA/3399/2018bail granted

Vishal Kisan Bodke v. The State Of Maharashtra

2019-01-17Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 22-ba-3399-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3399 OF 2018 Vishal Kisan Bodke ... Applicant Vs.

The State of Maharashtra ... Respondent ...

Mr. Rakesh Singh i/by Mr. Sanjay R. Singh for the applicant. Ms. A.A. Takalkar, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 17th JANUARY, 2019.

P.C.

1.

This is an application for bail in connection with C.R. No. 371 of 2018 registered with Amboli Police Station for the offence punishable under Section 376(1) of Indian Penal Code read with Section 4 of POCSO Act.

2.

Victim is aged about 17 years old. Applicant is 19 years old. From the First Information Report, it appears that both of them were friendly with each other and there was physical relationship between them. However, subsequently they broke up. Inspite of that applicant had allegedly sexually assaulted the victim. 3.

Learned counsel for the applicant submits that mother of the victim had filed affidavit before the Sessions Court in the bail application preferred by applicant in which she has stated that she has no objection for granting bail to the applicant.

Sknair 22-ba-3399-18.odt 4.

Applicant is in custody from the date of arrest i.e. 16th August, 2018. Investigation is completed and chargesheet has been filed. Considering the aforesaid circumstances, case for grant of bail is made out. Hence, I pass the following order.

ORDER

i.

Criminal Bail Application is allowed;

ii.

Applicant is directed to be released on bail in connection with C.R. No. 371 of 2018 registered with Amboli 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 four weeks;

iv.

Applicant shall report to the concerned Police Station once in a month on first Saturday between 11:00 a.m. to 1:00 p.m., till further orders;

v.

Applicant shall attend the dates of hearing before the Trial Court, unless exempted by the Court;

vi.

Criminal Bail Application stands disposed off. ( PRAKASH D. NAIK, J. )