Harshal Yuvraj Kuwar v. The State Of Maharashtra

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 273 OF 2015 Harshal Yuvraj Kuwar ....Applicant.

Versus

The State of Maharashtra ....Respondent.

Mr. A.S. Salve, Advocate for applicant.

Mrs. M.A. Deshpande, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 30th January, 2015.

ORDER :

1.

The application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation. 2.

The crime is registered on the basis of report given by father of victim girl. She was aged about 16 years. There are allegations against the present applicant, who is aged about 23 years that he was teasing the victim girl. There are allegations that even after the persons of that locality including the relatives of the applicant convinced him to behave well and not to tease, the applicant continued to tease the deceased. On 19.10.2014 when the deceased had gone out of house for doing some work,

the present applicant held her hand and he said to victim girl that he wanted to have sex with her. The deceased ran away to her house and she narrated the incident to her father. After that, she went towards the field. As she did not return from the field, search was made. On 21.10.2014 the dead body of deceased was found in the well of the complainant situated in the field. Then report came to be given and crime came to be registered for the offences punishable under sections 306, 354, 506 etc. of I.P.C. and few sections of Protection of Children from Sexual Offences Act.

3.

The submissions made show that the present applicant has been behind bars since 22.10.2014. The deceased had not left behind the suicide note and the evidence about disclosure will be on the basis of oral disclosure made to the complainant and other witnesses. In view of these circumstances and as it is not certain as to how much time will be required for disposal of the case, this Court holds that it is not desirable to keep the applicant behind bars till the disposal of the case. 4.

In the result, the application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper with the

prosecution witnesses. He is not to commit similar offence. He is not to enter the village of the complainant till the disposal of the case which may be filed against him.

[ T.V. NALAWADE, J. ] ssc/