Navanath Mangu Bhil v. The State Of Maharashtra And Another

38-BA.256-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 38 BAIL APPLICATION NO.256 OF 2023 NAVANATH MANGU BHIL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Jain Gajendra Devichand, Mr. Patil Vinod Sukdeo.

APP for Respondent-State : Mr. S. B. Narwade. Advocate for Respondent No.2 : Mr. Shembole Gajanan S. ...

CORAM : S. G. MEHARE, J.

DATE : 20.02.2023 PER COURT :- 1.

Heard the learned counsel for the applicant, learned APP for the respondent-State and the learned counsel for respondent No.2/victim.

2.

The victim was 17 years old at the time of the alleged incident. Her statement under Section 164 of Cr.P.C. shows that she did not make allegations against the applicant. She was in advanced age to take an appropriate decision. It was a case of love affair. Considering the entire facts and circumstances and the statement of the victim making no allegations, the application deserves to be allowed. Hence, the following order :

38-BA.256-23.odt

O R D E R

(i) Bail Application is allowed.

(ii) Applicant NAVANATH MANGU BHIL be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.37 of 2022, registered by Police Station Vaijapur, District Aurangabad, for the offences punishable under Sections 363, 376, 376(j)(n) of the IPC, Section 4 and 6 of the POCSO Act on the condition not to tamper with the prosecution witnesses.

(S. G. MEHARE, J.) ...

vmk/-