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Bombay High CourtBA/240/2023application allowed

Santosh Vitthal Khodke v. The State Of Maharashtra And Another

2023-08-09Hon'Ble Shri Justice S. G. Mehare2 pages

925.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.240 OF 2023 SANTOSH VITTHAL KHODKE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S. V. Deshmukh APP for Respondent:

Advocate for respondent No.2 Reddy Ajinkya (appointed) ...

CORAM : S. G. MEHARE, J.

DATE : 09.08.2023 PER COURT :

1.

Heard the learned counsel for the applicant, the learned A.P.P. for the respondent/State and the learned counsel for the victim. 2.

The applicant seeks bail in Crime No. 72/2022, registered with Basamba Police Station, Hingoli, District Hingoli for the offences punishable under Sections 354, 354-A, 354-D, 452, 427, 323, 504, 506, 324 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children From Sexual Offences ( POCSO) Act, 2012. 3.

The victim was the paternal cousin sister of the applicant. The incident happened in the house. He has been arrested on 16 April 2022. No weapon has been used in the crime. The charge sheet has been filed. Nothing is to be recovered from the applicant. It was a

925.odt quarrel happened in the house. He is a young boy of twenty one years. His further detention would serve no purpose. Hence, he deserves bail on certain conditions. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) Applicant Santosh Vitthal Khodke be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- (Rs. Fifty thousand) with one solvent surety of the like amount, in aforementioned crime registered with aforementioned police station, on the following conditions :- (a) He shall not tamper with the prosecution witnesses. (b) He shall not to contact his grandmother and the victim till conclusion of the trial.

(c) He shall stay away from his home for two months from the date of his release on bail.

iii) The Secretary, High Court Legal Services Sub-Committee, Aurangabad do pay the charges to the counsel appointed for respondent No.2, as per the schedule.

( S. G. MEHARE ) JUDGE ysk