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Bombay High CourtBA/21/2023application allowed

Punaji @ Sachin Shyamrao Ade v. The State Of Maharashtra

2023-02-13Hon'Ble Shri Justice S. G. Mehare2 pages

33- B. A. No. 21-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.21 OF 2023 PUNAJI @ SACHIN SHYAMRAO ADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shaikh Ashraf Patel APP for Respondent No.1: Mr. S. B. Narwade Advocate for Respondent No.2 : Manusha S. Jagtap ....

CORAM : S. G. MEHARE, J.

DATE : 13.02.2023 PER COURT :

1.

Heard learned counsel for the applicant, learned A.P.P for the State and learned counsel for respondent No.2 representing the victim. 2.

The victim was 17 and above years old at the time of the alleged incident. The victim had love affair with the applicant. She voluntarily stayed with the applicant for about five months. Thereafter, they were apprehended together. The applicant has been sent to jail and is behind bar for about two years. 3.

There appears substance in the arguments of learned counsel for the applicant that parents of the victim might have pressurized her to state against the applicant. The investigation has been completed. Nothing remained to be recovered from the applicant. In the facts and

33- B. A. No. 21-2023.odt circumstances of the case, the applicant may be released on certain conditions. Hence, the following order :-

ORDER

(i) The Bail Application is allowed.

(ii) The applicant Punaji @ Sachin S/o Shyamrao Ade, be released on bail on executing P.B. and S. B. of Rs. 50,000/- with one solvent surety in the like amount in Crime No. 178 of 2020 registered with Palam Police Station, Taluka Palam, District Parbhani for the offences punishable under Sections 376(2)(i)(n) and 363, 366A of Indian Penal Code and under Sections 6,8 and 12 of Protection of Children from Sexual Offences Act, 2012 on the conditions that :- (a) The applicant shall not contact the victim or her parents till the conclusion of the trial.

(b) The applicant shall attend the trial on each and every effective date of hearing.

(iii) The Secretary, High Court Legal Services Sub-committee, Aurangabad do pay the fees to the counsel appointed for respondent no.2 as per schedule.

( S. G. MEHARE ) JUDGE ysk