Amol S/O Babasaheb Deshmukh v. The State Of Maharashtra

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 197 OF 2015 AMOL S/O BABASAHEB DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Temkar Rajendra K. APP for Respondent: A. V. Deshmukh.

*** CORAM: T. V. NALAWADE, J.

DATED: 13th FEBRUARY, 2015.

PER COURT:

1.

This application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation, including the record of medical examination of the prosecutrix.

4.

The age of the prosecutrix is 15 years. The crime is registered on the basis of report given by her. 5.

According to the prosecutrix, the incident took place on 23rd June, 2014. According to her, when she was

-:(2):- proceeding to the school, present applicant came on motorcycle and said that he would give a lift. According to her, the accused then took her to a lonely place and there he raped her. It is her case that he then took her to one hotel where they took some snacks and thereafter they were returning to the locality. They noticed father of the prosecutrix on road on motorcycle. After seeing father of the prosecutrix the applicant ran away. She informed about the incident to her father and report came to be given. The offence is registered under section 376 of the I.P.C. and some section under the Protection of Children from Sexual Offences Act, etc.

6.

In view of the nature of allegations made by the prosecutrix this Court has carefully gone through the medical examination of the prosecutrix. The C. A. report in that regard is also there.

7.

In view of the nature of the allegations this Court holds that it is not desirable to keep the applicant behind bars till the disposal of the case. He is behind bars for more than 6 months.

8.

In the result, the application is allowed. The applicant is to be released on bail on his furnishing P.R. and S.B. of Rs. 30,000/- with one solvent surety for the like amount. 9.

He is not to tamper with the prosecution witnesses. He is not to commit similar offence. He is not to enter village

-:(3):- Dhavlewadi, Taluka Pathardi, District Ahmednagar till the disposal of the case filed against him.

[T. V. NALAWADE, J.] Dt.13/02/2015 ans/197