Amol Ashok Kamble v. The State Of Maharashtra

2024:BHC-AUG:3471 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 BAIL APPLICATION NO. 160 OF 2024 Amol Ashok Kamble

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Chavan Sudhir K APP for Respondents: Mrs. Pratibha J. Bharad .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 16th FEBRUARY, 2024.

PER COURT :- 1.

This is an application for granting bail under section 439 of Cr.P.C. in connection with crime No. 193 of 2023 registered with Bamni police station, District Parbhani for the offences punishable under Sections 365 and 506 of I.P.C. His application with similar prayer bearing criminal bail application No. 06 of 2024 came to be rejected by the learned Additional Sessions Judge-2, Parbhani, vide order dated 09.01.2024.

2.

It is averred in the report that the applicant enticed and took away the informant, who is 20 years old girl to Nashik, Igatpuri etc. by threatening her that he will make her photographs viral. She got a chance to inform her brother that she has been forcibly kidnapped by the applicant. Thereafter, her brother went there and subsequently they went to the police station and the report was lodged.

-23.

Learned advocate for the applicant submitted that admittedly, there was love affair between the applicant and the informant. The informant is 20 years old girl. Learned advocate for the applicant submitted that considering the nature of crime, the applicant be released on bail.

4.

Learned A.P.P. for the respondent-State has strongly opposed the application by pointing out that the applicant is already married. Learned A.P.P. therefore, prayed for rejection of the application. 5.

Perused the report and papers of investigation. The informant is 20 years old girl and she did not oppose while travelling upto Nashik, Igatpuri etc. The applicant has roots in the society. He will not flee away from trial. The trial will take long period. Considering all these facts, the application deserves to be allowed on certain conditions. Hence, the following order.

O R D E R

I.

Application is allowed.

II.

The applicant in connection with crime No. 193 of 2023 registered with Bamni police station, District Parbhani for the offences punishable under Sections 365, 506 of I.P.C. be released on bail on furnishing personal bond of Rs.50,000/- with one surety of the like amount on following conditions:-

-3a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the prosecution witnesses, in any manner.

b) The applicant shall not enter in the vicinity of village Bhosi, Tq. Jintur, district Parbhani, till the conclusion of trial.

(SANJAY A. DESHMUKH, J.) rlj/