Sunil @ Kuta Pratap @ Hana Valvi v. The State Of Maharashtra And Others
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.342 OF 2023 RAJIT JATRYA THAKRE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Jain Gajendra Devichand APP for Respondent/State : Mr. S.P. Sonpawale WITH WITH BAIL APPLICATION NO.278 OF 2023 SUNIL @ KUTA PRATAP @ HANA VALVI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Applicant : Mr. Amit S. Savale APP for Respondent/State : Mr. S.P. Sonpawale WITH BAIL APPLICATION NO.343 OF 2023 GANESH JIVNYA THAKRE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Jain Gajendra Devichand APP for Respondent/State : Mr. S.P. Sonpawale ...
CORAM : S.G. MEHARE, J.
DATED : MARCH 01, 2023 PER COURT:- 1.
Heard learned counsel for the applicants and learned APP for the State.
2.
The victim/deceased was a divorcee. She used to go with the applicant - Rajit frequently to the knowledge of her family. It has
(2) been alleged that on the date of the incident, she was taken to one field, raped there; therefore, she committed suicide. 3.
Perusal of the evidence reveals that one shepherd boy saw two boys and the victim naked and one was doing sex with her. Thereafter, they went away together. That time, she had no complaint of rape before the said shepherd boy. It is not in dispute that she committed suicide. There is also material on the record that the applicant - Rajit was intended to marry her, but he did not. Therefore, she has committed suicide. All the accused are teenagers. The cause of her suicide is to be proved during the course of trial. The investigation has been completed. The applicants have cooperated with the investigation machinery during the course of investigation. There are no antecedents to their discredit. In view of the facts of the case, the applications deserve to be allowed. Hence, the following order :
ORDER
(i) All Bail Applications are allowed.
(ii) The applicants, Rajit Jatrya Thakre in Bail Application No.342 of 2023, Sunil @ Kuta Pratap @ Hana Valvi in Bail Application No.278 of 2023 and Ganesh Jivnya Thakre in Bail Application No.343 of 2023, be released on bail on executing P.B. and S.B. of Rs.1,00,000/- (Rupees One Lac) each with one solvent surety of Rs.50,000/- in the like amount each in connection with Crime No.207
(3) of 2022, registered with Dhadgaon Police Station, District Nandurbar for the offence punishable under Section 376(A), 376(D), 306, 354, 363 r/w 34 of the Indian Penal Code, on the condition that they shall not tamper with the prosecution witnesses.
(S.G. MEHARE, J.) Mujaheed//